Brunelle v. Ge Capital Information Technology Solutions, Inc.
Brunelle v. Ge Capital Information Technology Solutions, Inc.
Opinion of the Court
MEMORANDUM
Renee Harris Brunelle (“Brunelle”) appeals the district court’s order granting summary judgment to Defendant Compu-com
Brunelle’s contract claim fails because the future employment position allegedly offered to her was at-will, and Brunelle has not shown sufficient cognizable damages in reliance on the offer of future employment. The cases that Brunelle cites are distinguishable because they involve plaintiffs who incurred significant costs, including quitting jobs and moving long distances, in reliance on an offer of employment. See Comeaux v. Brown & Williamson Tobacco Co., 915 F.2d 1264, 1270 (9th Cir. 1990); Sheppard v. Morgan Keegan & Co., 218 Cal.App.3d 61, 266 Cal.Rptr. 784, 785-86 (1990).
The district court properly granted summary judgment to Compucom on Bru-
The Supreme Court of California has held that to succeed on a claim for intentional interference with prospective economic advantage, a plaintiff must plead and prove a legally cognizable wrong apart from the alleged interference. See Reeves v. Hanlon, 33 Cal.4th 1140, 17 Cal.Rptr.3d 289, 95 P.3d 513, 519-20 (2004); Della Penna v. Toyota Motor Sales, U.S.A., Inc., 11 Cal.4th 376, 45 Cal.Rptr.2d 436, 902 P.2d 740, 751 (1995). Brunelle has not created a triable issue of fact regarding any of her other claims, so the district court properly granted Compucom summary judgment on Brunelle’s tortious interference claim. Reeves, 17 Cal.Rptr.3d 289, 95 P.3d at 519-20.
Although we conclude that the district court properly granted summary judgment as to all of Brunelle’s claims, we hold that this appeal was not frivolous and we reject Compucom’s motion for sanctions. See In re Becraft, 885 F.2d 547, 548 (9th Cir. 1989) (appeal is frivolous only if result is obvious or arguments are wholly without merit).
The district court’s order granting summary judgment to Compucom is AFFIRMED; Compucom’s motion for sanctions is DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
. Brunelle erroneously sued GE Capital, which was acquired by Compucom in December 2004. Compucom has not objected to the misnomer.
. The parties are familiar with the facts of this case and we do not repeat them here except as necessary to explain our disposition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.