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all employee benefits. CG Merger financed its purchase of
petitioner’s CGC stock with Harris Trust and Savings Bank
(Harris).
CGC fired petitioner on December 5, 1991, in contravention
of their employment agreement. Two years later, petitioner filed
a lawsuit (lawsuit) against CGC, CG Merger, the Heller Group,
Harris, and Does 1 through 40 (collectively, defendants) in the
Superior Court for the State of California for the County of San
Diego (superior court). Petitioner alleged in his first amended
complaint the following causes of action: (1) CGC breached its
employment agreement with him, (2) Harris, Mr. Heller, Heller
Seasoning, and Does 1 through 10 purposely and with malicious
intent interfered with and induced the breach of that agreement,
(3) Harris, Mr. Heller, Heller Seasonings, and Does 1 through 10
purposely and with malicious intent interfered with petitioner’s
prospective economic advantage as to the employment agreement and
his sale of CGC, (4) Mr. Heller, Heller Seasonings, CG Merger,
and Does 11 through 20 made false representations to petitioner
to induce him to sell his stock and to enter into the employment
agreement, with the understanding that he would never receive the
benefits promised with respect thereto, (5) CGC and CG Merger
breached their duty to deal fairly and in good faith with
petitioner as to the employment and stock purchase agreements,
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