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  5. 33 Cal.Rptr.3d 803 (2005)
 

ROSS v. RAGINGWIRE TELECOMMUNICATIONS, INC.

No. C043392.

33 Cal.Rptr.3d 803 (2005)

Gary ROSS, Plaintiff and Appellant, v. RAGINGWIRE TELECOMMUNICATIONS, INC., Defendant and Respondent.

Court of Appeals of California, Third District.

September 7, 2005.

Attorney(s) appearing for the Case

Law Office of Stewart Katz, Stewart Katz and Costa Kerestenzis, Sacramento, for Plaintiff and Appellant.

Jackson Lewis, D. Gregory Valenza, San Francisco, and Marlena G. Gibbons, for Defendant and Respondent.

SCOTLAND, P.J.

In accordance with the Compassionate Use Act of 1996, plaintiff Gary Ross had a physician's recommendation to use marijuana for his chronic back pain. (Health & Saf. Code, § 11362.5 (hereafter the Compassionate Use Act or § 11362.5.)) Nevertheless, when plaintiff's employer, Ragingwire Telecommunications, Inc. (defendant), learned plaintiff had tested positive for marijuana during a preemployment...

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