Jul 24, 2006
Affirmance of dismissal ends employment claim saga

Feied v. Regents of University of California (July 24, 2006, A112481) 2006 WL 2046963 (California Court of Appeal, First District, Division Four (San Francisco)) [nonpublished opinion]. Marc Poster secured this victory in association with University counsel. A former University of California employee sought continuing retirement benefits even though he had cashed out of the University’s retirement system when he left University employment many years ago. First, he lost a state breach of contract case based on the statute of limitations. Then, he lost a federal civil rights case based on the statute of limitations and on Eleventh Amendment immunity. Finally, he lost another state case, this time for negligence, based on failure to state a cause of action. The Court of Appeal affirmed the dismissal of the second state case because, contrary to the employee’s assertion, the University owed no duty to inform him of the actual reasons” for denying his request for retirement benefits.”