Rademacher v. American Broadcasting Companies CA2/5

Filed 9/13/24 Rademacher v. American Broadcasting Companies CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

INGO RADEMACHER, B331248

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. 21STCV45383)

AMERICAN BROADCASTING COMPANIES, INC.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen I. Goorvitch, Judge. Dismissed. JW Howard/Attorneys, John W. Howard and Scott J. Street for Plaintiff and Appellant. Paul Hastings, Steven Marenberg, Deisy Castro and Teresa M. Greider for Defendant and Respondent.

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Plaintiff and appellant Ingo Rademacher purports to appeal from an order granting summary judgment in favor of defendant and respondent American Broadcasting Companies, Inc. (ABC) in this employment-related action. Rademacher contends triable issues of fact exist as to whether ABC implemented a vaccine policy that violated his privacy rights, failed to accommodate his request for a religious exemption, and wrongfully terminated him, in breach of his contract, in retaliation for political commentary. We conclude, however, that the order is nonappealable, and therefore, we dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

Rademacher, who is an actor on the television show General Hospital, filed his original complaint against ABC in December 2021. On October 4, 2022, he filed the operative second amended complaint for several causes of action, including violation of his right to privacy, employment discrimination on the basis of his religious beliefs, wrongful termination in violation of public policy, and breach of his employment contract. He alleged ABC discriminated against him based on his religious and political beliefs by refusing his request for a religious exemption to ABC’s Covid-19 vaccine requirement. ABC filed a motion for summary judgment and supporting evidence to show ABC’s parent company adopted the vaccine policy based on careful review of the available scientific evidence and Rademacher withheld the information necessary to support his request for a religious exemption.