Procedural Posture

Procedural Posture
The Superior Court of Los Angeles County (California) entered judgment in favor of defendant employer in a breach of employment contract action brought by plaintiff union employee. The employee sought review.

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An employer denied a union employee a new position and then terminated the employee. The court found that the employee failed to state a cause of action against the employer’s agents because none of the named individuals appeared as a party to the union contract under which the employee was retained. The court held that Cal. Civ. Proc. Code § 1060 did not entitle the employee to maintain an action against the agents for a declaration of his rights under the contract because they owed the employee no legal rights or duties. The court held that the special demurrer properly challenged the sufficiency of the employee’s complaint because an action for a breach of an employment contract required the employee to state with clarity how or in what manner he had been damaged. The court held that such pleading was necessary so that the employer could prepare a defense.


The court affirmed the judgment.

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