Salwasser Manufacturing Co. v. Occupational Safety and Health Appeals Board

The Board of Education (Board), Oakland Unified School District (School District or District) and James Norwood (appellants) appeal from a judgment in favor of George Mouchette (respondent) in this wrongful termination action. Appellants contend: (1) that there is insufficient evidence to support the verdict; (2) that the trial court committed evidentiary and instructional errors; (3) that Mouchettes claim for tortious breach of the covenant of good faith and fair dealing is precluded by Foley v. Interactive Data Corp. (1988) 47 Cal. 3d 654 [254 Cal. Rptr. 211, 765 P.2d 373]; (4) that Norwood was immune from liability under Government Code section 820.2 and that his conduct was privileged under Civil Code section 47, subdivision 2; and (5) that the emotional distress damages awarded were excessive. Mouchette has cross-appealed the trial courts order denying his motion for attorney fees. We affirm.