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PEATROS v. BANK OF AMERICA NT & SA

No. B116465.

80 Cal.Rptr.2d 911 (1998)

Ora PEATROS, Plaintiff and Appellant, v. BANK OF AMERICA NT & SA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

Review Granted March 31, 1999.

Attorney(s) appearing for the Case

Nikki Tolt, Beverly Hills, for Plaintiff and Appellant.

Paul, Hastings, Janofsky & Walker, Barbra L. Davis, Martin C. Mead, John C. Oakes, Los Angeles, Heller Ehrman White & McAuliffe, Patricia K. Gillette, Cynthia J. Griffith, and Kenneth D. Hoffman, San Francisco, for Defendants and Respondents.

ARMSTRONG, J.

This case presents questions of law concerning the preemptive effect of the National Bank Act on state court employment actions, where the plaintiff-employee is a bank officer. Long-standing California law holds that the Act preempts causes of action based on allegations of breach of an employment agreement. We hold that the preemption applies even if the challenged termination is not initiated by the bank's board, as long as the board ratifies the decision...

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