In August 2009, plaintiff Jeffrey Storm, a loss prevention manager for Rite Aid in Los Angeles, was terminated from his position. Storm sued Rite Aid Corp.; Roger Ceballos, a senior human resources manager; and Christina Cuara, a store manager. Storm alleged that he was retaliated against and wrongfully terminated in violation of public policy. Both individual defendants were dismissed from the case, and the matter proceeded against Rite Aid only. Storm claimed that Rite Aid had been operating under an injunction that prohibited it from both shelving and selling outdated foods. However, he claimed that when he reported that various local Los Angeles Rite Aid stores were allowing food items to be allowed on its shelves after “outdate” stamps had lapsed, he was retaliated against by his position being terminated. He also claimed he was retaliated against for investigating possible time card fraud. Rite Aid claimed that Storm was fired for sending harassing text messages to another employee. In response, Storm claimed the employee only brought the text messages up as an excuse to retaliate against him for his investigation into time card fraud and the sale of outdated foods at a store in Westwood., Storm claimed he suffered emotional distress as a result of being fired from the company he worked at for almost eight years. Thus, Storm sought recovery of emotional distress damages, as well as damages for his past lost earnings.