- 5 -
accrued fees and expenses, on this or any other
matter.
Ultimately, petitioner's suit against Thrifty was
tried in superior court before a jury on the following
four causes of action: Breach of contract, breach of the
covenant of good faith and fair dealing, fraud and deceit,
and age discrimination under FEHA. The jury returned a
special verdict in petitioner's favor. The special verdict
states as follows:
We, the jury in the above entitled action,
find the following Special Verdict on the
questions submitted to us:
Issue No. 1 Was there an implied agreement
between the parties that the plaintiff, Jack
Freeman, would not be terminated except for good
cause?
Answer "yes" or "no".
Answer: Yes
If you answered Issue No. 1 "yes", then
answer the next issue. If you answered Issue No.
1 "no", then answer Issue No. 5.
Issue No. 2 Did the defendant, Thrifty
Corp., either actually terminate the plaintiff,
Jack Freeman, without good cause or construc-
tively terminate the plaintiff, Jack Freeman,
without good cause?
Answer "yes" or "no".
Answer: No
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Last modified: May 25, 2011