Summers v. City of Cathedral City

In Summers v. City of Cathedral City (1990) 225 Cal. App. 3d 1047, the plaintiff, a city employee, filed a civil action which alleged a violation of an implied-in-fact contract to the effect that the plaintiff's employment would not be terminated without prior notice, a right to a hearing and good cause. It further alleged a claim for "Tortuous Denial of Administrative Due Process," and that plaintiff had suffered emotional distress as a result of the termination. The appellate court concluded that all of the plaintiff's causes of action were founded upon the same act: the City's allegedly wrongful termination of his employment. "Here, the Council determined that the defective first termination had been 'properly resolved by his reinstatement and by the awarding of back pay;' that the procedures followed in the second termination were proper; and that the charges of misconduct against plaintiff had been 'substantiated.' These findings are inconsistent with plaintiff's four causes of action." ( Summers v. City of Cathedral City, supra, 225 Cal. App. 3d at p. 1063.)