Nicholaw v. Infinity Broadcasting

Filed 5/30/06  Nicholaw v. Infinity Broadcasting CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

            APPEAL from a judgment of the Superior Court of Los Angeles County, Rolf M. Treu, Judge.  Affirmed.

            Iverson, Yoakum, Papiano & Hatch, Neil Papiano, Patrick McAdam, and Joanna L. Orr, for Plaintiff and Appellant.

            Caldwell, Leslie, Newcombe & Pettit, Christopher G. Caldwell, Andrew Esbenshade and Albert Giang for Defendant and Respondent.

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INTRODUCTION

            In this wrongful termination and breach of contract action, plaintiff George Nicholaw appeals from the summary judgment entered in favor of defendant Infinity Broadcasting, contending that triable issues of material fact require reversal of the judgment.  We disagree and consequently affirm the judgment.

PROCEDURAL BACKGROUND

            Nicholaw sued Infinity and others after Infinity terminated his employment as the Vice President and General Manager of AM radio station KNX, a position he held for 36 years.  Nicholaw was 75 years old at the time.  In his operative complaint, Nicholaw alleged causes of action for (1) wrongful termination in violation of the California Fair Employment and Housing Act, specifically age discrimination, (2) tortious termination in violation of public policy, (3) breach of implied in fact contract and (4) breach of the covenant of good faith and fair dealing.  Infinity thereafter answered the operative complaint.

            Infinity filed a motion for summary judgment or, in the alternative, summary adjudication.  Nicholaw opposed the motion, arguing that there were triable issues of material fact that precluded a grant of summary judgment.  The trial court granted Infinity's motion and entered judgment in its favor.  This appeal followed.

FACTS[1]

            In 1967, Nicholaw became the Vice President and General Manager of KNX.  In 1995, KNX and KFWB, another AM news radio station in Los Angeles, came under common ownership of Infinity's corporate predecessor.[2]  Nicholaw viewed the two radio stations as competitors.

            In June 2003, Joel Hollander (Hollander) became Infinity's Chief Operating Officer.  On June 17, Hollander sent Nicholaw a letter outlining the â€