Halliburton v. Remington College-Denver Campus, Inc.
Rob Halliburton appeals from a summary judgment in favor of his former employer, Remington College Denver Campus, Inc. (Remington), on Halliburton's complaint against Remington and his former supervisors for wrongful termination in violation of public policy (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 172), defamation, and intentional and negligent infliction of emotional distress. The court initially granted summary adjudication of all but the defamation causes of action on grounds (1) Halliburton did not establish in his pleadings or in discovery responses that he was terminated for engaging in activity protected by an established and well-known constitutional provision, statute or governmental regulation; (2) Halliburton could not invoke certain Education Code provisions as a public policy basis; and (3) Halliburton's emotional distress cause of action was preempted by workers' compensation exclusivity (Labor Code, 3200, et seq.). The trial court later corrected its ruling to encompass Halliburton's defamation cause of action; it then granted summary judgment, ruling Halliburton had not alleged Remington authorized or ratified the conduct of his supervisors and denied him leave to amend his complaint to allege such ratification on grounds his request was untimely.
For reasons set forth below, Court conclude summary judgment was improper on Halliburton's causes of action for wrongful discharge and intentional and negligent infliction of emotional distress. We direct the trial court on remand to grant Halliburton leave to amend his defamation cause of action as indicated below. Finally, Court vacate the order denying Halliburton's motions to compel discovery and remand the matter with directions that the trial court consider the proper remedy for Halliburton's insufficient efforts to informally resolve the discovery disputes.
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