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Raghavan v. Boeing Co.10/31/2005
CERTIFIED FOR PARTIAL PUBLICATION
The summary judgment statute (Code Civ. Proc., ยง 437c) permits a trial court to summarily adjudicate "one or more causes of action." (Id., subd. (f)(1).) At trial, a "cause of action" that has been summarily adjudicated shall be "deemed to be established," and the case "shall proceed as to the cause or causes of action . . . remaining." (Id., subd. (n)(1).) A grant of summary adjudication as to one or more causes of action does not bar other causes of action as to which summary adjudication has been denied. (Id., subd. (n)(2).) And no one may comment on the grant or denial of a summary adjudication motion to a jury. (Id., subd. (n)(3).)
In this action, plaintiff sued his former employer, alleging causes of action for wrongful termination in violation of public policy, defamation, breach of an implied contract, and breach of the covenant of good faith and fair dealing. The employer moved for summary adjudication as to each cause of action. The trial court granted the motion in part, leaving only the wrongful termination cause of action, which was tried to a jury. The trial court, relying on the "undisputed facts" that supported summary adjudication of the defamation cause of action, instructed the jury that certain "facts" were established for purposes of trial.
Plaintiff contends the trial court erred in that regard. We conclude that, because the summary judgment statute expressly limits the effect of summary adjudication on a remaining cause of action, the jury instruction was improper, and the summary adjudication of the defamation cause of action did not restrict the type of evidence plaintiff could introduce in support of the wrongful termination cause of action. Because the jury instruction was prejudicial, we reverse the judgment with respect to that cause of action.
I. BACKGROUND
For purposes of our review, we accept as true the following facts and reasonable inferences supported by plaintiff's evidence and defendants' undisputed evidence. (See Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 178-179; Lomes v. Hartford Financial Services Group, Inc. (2001) 88 Cal.App.4th 127, 131.)
On October 23, 1987, plaintiff Krishnan Raghavan applied for a job at Hughes Space and Communications Company (HSCC). Raghavan signed an employment application that contained a "Pre-Employment Statement," which read: ". . . If employed by the company, I understand that such employment is subject to . . . the policies and regulations of the company . . . . [ ] . . . [ ] I understand that if I am employed by the Company my employment will not be for any specified term and may be terminated by me or by the Company at any time for any reason." Immediately above the Pre-Employment Statement were the words, "(PLEASE READ CAREFULLY BEFORE SIGNING)." (All capitals in original.) Raghavan's signature appeared immediately below the at-will provision.
Raghavan started working for HSCC in April 1988. On April 4, 1988, he signed a "Start Notice," which indicated, among other things, his hourly work week, shift, hire date, start date, benefit date, job classification, base rate, pay rate, supervisor, building, room, and site. The notice also stated: "No promises or commitments have been made to me concerning the length of my employment . . . ."
In October 2000, The Boeing Company (Boeing) bought all issued and outstanding capital stock of HSCC and changed HSCC's corporate name to Boeing Satellite Systems, Inc. (BSS). HSCC, under its new name, continued its daily operations, producing generally the same products with the same employees in generally the same location. Raghavan became an employee o
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