AGOSTA v. ASTOR

No. D042200.

15 Cal.Rptr.3d 565 (2004)

120 Cal.App.4th 596

Len AGOSTA, Plaintiff and Appellant, v. N. Arthur ASTOR et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied August 2, 2004.

Review Denied October 27, 2004.


Attorney(s) appearing for the Case

Grady and Associates, Dennis M. Grady and Kenneth W. Baisch, San Diego, for Plaintiff and Appellant.

Astor & Phillips, George R. Phillips, Jr., Los Angeles; and Robert S. Gerstein, Santa Monica, for Defendants and Respondents.


McCONNELL, P.J.

The principal issue in this case is whether an employer who induces an employee to enter into an employment contract by intentionally promising compensation terms the employer never intended to honor may, as a matter of law, avoid tort liability for fraudulent inducement of contract because the contract contains an "at-will" provision that allows the employer to fire the employee at any time for any reason. The answer is, of course, no. Accordingly...

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