> >
Case Name | Johnston v. Kelly | |
---|---|---|
Date | 01/03/2012 | |
Note | An employer defeated a plaintiff's motion to strike a malicious prosecution suit that emanated from a failed Labor Code 132a claim. | |
Citation | F060909 | |
WCC Citation | WCC 38422012 CA |
JOHNSTON v. KELLY GEORGE PATRICK JOHNSTON et al. , Plaintiffs and Respondents, v. SHARON KELLY et al. , Defendants and Appellants. Johnston and Dairy filed their complaint in this action, alleging two causes of action for malicious prosecution and unfair business practices against Kelly and her law firm. Johnston contacted the union because another employee would have to be laid off in order to reinstate Toro, and Johnston wanted the union's input in determining which employee would be terminated. Toro testified at trial that he talked to Johnston when Johnston returned from vacation and Johnston said he had received a letter from EDD indicating Toro had quit; Johnston told Toro to come back and talk to him after he resolved the problem with EDD. At another point, Toro testified he went to see Johnston and ask for work; Johnston told him there was no work for him then.
Download full case here.
Download full case here.