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COTRAN v. ROLLINS HUDIG HALL INTERNAT., INC.

Docket No. S057098.

17 Cal.4th 93 (1998)

RALPH COTRAN, Plaintiff and Respondent, v. ROLLINS HUDIG HALL INTERNATIONAL, INC., et al., Defendants and Appellants.

Supreme Court of California.

January 5, 1998.

Attorney(s) appearing for the Case

COUNSEL

Shand S. Stephens, Margaret L. Parker, Littler, Mendelson, Fastiff, Tichy & Mathiason, Henry D. Lederman, Steven B. Berlin, Mark E. Robson and Robert T. Landau for Defendants and Appellants.

Paul N. Halvonik, Fred J. Hiestand, Orrick, Herrington & Sutcliffe, Gary R. Siniscalco, Douglas D. Mandell, Nancy M. Lee, Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr., Alfred Sanchez, Jr., Rushfeldt, Shelley & Drake, Linda C. Miller and Christine T. Hoeffner as Amici Curiae on behalf of Defendants and Appellants.

Thomas Kallay, Robert H. Pourvali, Richard Knickerbocker, Anderson & Bennett and Gail S. Cooper-Folb for Plaintiff and Respondent.

Ajalat & Ajalat, Sol P. Ajalat, Stephen P. Ajalat, Quackenbush & Quackenbush and William C. Quackenbush as Amici Curiae on behalf of Plaintiff and Respondent.

Judith E. Kurtz and Patricia A. Shiu as Amici Curiae.

OPINION

BROWN, J.

When an employee hired under an implied agreement not to be dismissed except for "good cause" is fired for misconduct and challenges the termination in court, what is the role of the jury in deciding whether misconduct occurred? Does it decide whether the acts that led to the decision to terminate happened? Or is its role to decide whether the employer had reasonable grounds for believing they happened...

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