ESBERG v. UNION OIL CO.

No. S096524.

121 Cal.Rptr.2d 203 (2002)

28 Cal.4th 262

47 P.3d 1069

Dan ESBERG, Plaintiff and Appellant, v. UNION OIL COMPANY of California, Defendant and Appellant, Jeff Winston et al., Defendants and Respondents.

Supreme Court of California.

June 24, 2002.


Attorney(s) appearing for the Case

Law Offices of Dale M. Fiola, Dale M. Fiola, Mark Boling, Danville, Roger McCaffrey, William M. Pate, Ken R. Easey; Quackenbush & Quackenbush and William C. Quackenbush, San Mateo, for Plaintiff and Appellant.

La Follette, Johnson, De Haas, Fesler & Ames, La Follette, Johnson, De Haas, Fesler, Silberberg & Ames, Alfred W. Gerisch, Jr., Dorothy B. Reyes, David J. Ozeran, Michelle M. Wolfe, Los Angeles; and Richard Ettensohn, Brea, for Defendant and Appellant and for Defendants and Respondents.


KENNARD, J.

In this case, a 53-year-old employee, with the employer's approval, pursued an undergraduate degree at company expense. Three years later, he sought employer-paid postgraduate education. When the company denied funding, plaintiff brought suit claiming unlawful age discrimination.

This case does not involve any cause of action related to wrongful termination. Instead, plaintiff raises two novel issues

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