Filed 7/8/10











CERTIFIED FOR PUBLICATION



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FOURTH APPELLATE DISTRICT



DIVISION THREE




>

DONALD R. RODEN, Plaintiff and Appellant, v. AMERISOURCEBERGEN CORPORATION, Defendant and Appellant.

G041990 (Super. Ct. No. 00CC05905) O P I N I O N

Appeal
from an order of the Superior Court of Orange
County, Stephen J. Sundvold, Judge. Affirmed in part, reversed in part, and
remanded. Motion to augment denied.

Richard
E. Hodge, Inc. and Richard E. Hodge for Plaintiff and Appellant.

O'Melveny
& Myers, Gordon E. Krischer, Adam J. Karr and Jessica B. Hardy for
Defendant and Appellant.

* * *





We
now have before us Donald R. Roden (Roden) and AmerisourceBergen Corporation
(AmerisourceBergen) in the fourth round of their dispute concerning Roden's
entitlements arising out of his employment termination. In the third appeal, we addressed a
postjudgment order concerning retirement benefits, a severance payment, a stock
option award, and loan forgiveness. As
concerns the retirement benefits, we reversed the portions of the postjudgment order with respect to the
amount of the change in control benefit and the amount of any excise taxes and
resultant income taxes owing to Roden under the company's supplemental
executive retirement plan (SERP). â€