Newfield v. Insurance Co. of the West

Opinion

BEACH, J.

Nature of Appeal:

Appeal from judgment of dismissal without leave to amend upon sustaining of demurrer to complaint alleging wrongful termination of appellant as an employee of respondent. We affirm.

Our Holding:

We hold (1) appellant did not plead sufficient facts to establish the tort of wrongful discharge nor to establish breach of an oral contract of employment; (2) any tort action would be barred by the one-year statute of limitations; and (3) the breach of oral contract would have been barred by the statute of frauds.

Facts:

Appellant alleged that in October 1978 he entered…