KENNETH ALLEN WHITE II, Plaintiff and Appellant, v. SMULE, INC., Defendant and Respondent., 75 Cal. App. 5th 346


HOLDINGS: [1]-In a case in which plaintiff sued defendant former employer for allegedly violating Lab. Code, § 970, the trial court's summary judgment ruling in favor of defendant could not stand. The dispute fairly encompassed alleged false representations regarding the kind, character, or existence of work plaintiff was to perform. Plaintiff's at-will employment status did not, as a matter of law, negate justifiable reliance on defendant's purportedly false representations that it intended to employ and maintain someone in the lead project management position as described to plaintiff; [2]-Defendant did not move for summary judgment based on plaintiff's inability to establish actual reliance, so it did not meet its burden of showing summary judgment on this alternative ground was warranted, and the parties had no opportunity to present evidence appropriately on the issue.