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Walker v. Metro Goldwyn Mayer Studios2/8/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
INTRODUCTION
Plaintiff and appellant Dana Walker (Walker) sued defendant and respondent Metro Goldwyn Mayer Studios, Inc. (MGM) alleging he was owed severance benefits. Walker appeals from an order sustaining a demurrer without leave to amend. We reverse with directions.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
On June 14, 1998, Walker, an attorney, was hired to fill a position as a legal consultant in MGM's legal department. According to the terms of his engagement, Walker was to work full time (40 hours per week), for an open-ended period, at MGM's facility. Walker was to receive the weekly compensation of $3,708.
On June 21, 1998, Walker began working at least 40 hours per week, five days a week for MGM, at MGM's facility. MGM provided Walker an office, office supplies, a telephone number, a key to the building and to his office located in MGM's legal department, a key card, and free parking in the attached lot. Walker was also provided with subscriptions to trade journals and a secretary. He was not permitted to hire his own staff. Walker was required to attend staff meetings and to utilize MGM's business and legal procedures. He was provided MGM form contracts, letterhead, and other document forms upon which to draft his legal work. These forms prescribed the criteria and parameters for all negotiations and deals Walker conducted on MGM's behalf. Walker was permitted no discretion as to the manner and means by which he completed his work assignments. Walker's name and telephone number appeared in MGM's telephone directory, a document that excluded temporary employees. He regularly received inter-office and inter-company memorandum addressed to "All MGM Employees." Walker was assigned an electronic mailbox on MGM's domain server and regularly used MGM's e-mail. Walker was required to obtain prior approval of Patty V. Mayer (Mayer), MGM's senior vice president legal affairs legal department, as to all material aspects of his work, including document drafting, telephone calls and negotiations. Periodically, Walker also had to obtain prior review and approval from other MGM executives, including MGM's legal department's executive vice president.
On July 14, 1998, MGM drafted a letter addressed "To Whom It May Concern[.]" The letter read in full: "This shall confirm that, as of June 22, 1998, Dana W. Walker, Esq. has been retained by to render services as an independent legal consultant. [Mr.] Walker's services will be required on a full-time (i.e., minimum of 40 hours per week), week-to-week basis for an indeterminate number of consecutive weeks. Weekly compensation shall be $3,708."
On September 2, 1998, Walker received a memorandum of that date from Frank G. Mancuso, MGM chairman and chief executive officer, the subject of which was identified as "Going Forward." The memorandum, on MGM letterhead, was addressed to "All MGM Employees." It stated that competitive and volatile market conditions required MGM to become more efficient. This four-paragraph memorandum further stated in pertinent part: " reduction in MGM's workforce is necessary. Staffing reductions are the most unpleasant task that any management has to undertake, but we want you all to recognize the thoughtful approach we have taken. [ ] All affected employees will be treated fairly and will be o
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