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YANEZ v. PLUMMER

No. C070726.

221 Cal.App.4th 180 (2013)

164 Cal. Rptr. 3d 309

MICHAEL YANEZ, Plaintiff and Appellant, v. BRIAN PLUMMER, Defendant and Respondent.

Court of Appeals of California, Third District.

November 5, 2013.

Attorney(s) appearing for the Case

Larry Lockshin and Jennifer Marsh for Plaintiff and Appellant.

Hansen, Kohls, Sommer & Jacob, Daniel V. Kohls and Christine E. Jacob for Defendant and Respondent.

OPINION

BUTZ, J. —

Plaintiff Michael Yanez sued his former employer, Union Pacific Railroad Company (Union Pacific), for wrongful discharge, as well as Union Pacific's in-house counsel, Brian Plummer, for legal malpractice, breach of fiduciary duty, and fraud.

Union Pacific fired Yanez for dishonesty, citing a discrepancy between a witness statement that Yanez wrote and a deposition answer he gave concerning a coemployee's on...

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