Wrongful termination and fraud claims were brought by a high level executive against our client, a bank. After deposing the plaintiff, CDF brought a motion for summary judgment. The plaintiff’s opposition relied on an extremely lengthy declaration by the plaintiff and won complete summary judgment. CDF spotted a procedural flaw in the declaration, the specific omission of California’s penalty of perjury. The trial court sustained the objection to the entire declaration and, as a result, granted our client summary judgment. The appellate court upheld the dismissal, as did the Supreme Court of California. The published decision is Kulshrestha v. First Union Commercial Corp., 33 Cal. 4th 601 (2004).
Supreme Court of California