California Court of Appeal

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CalPERS v. Superior Ct. (Trobee), C054168

In case involving a whistleblower claim, petition for a peremptory writ of mandate challenging trial court's overruling of demurrer to claim for retaliation is granted where: 1) since plaintiff was provided the opportunity to submit evidence, name witnesses, and argue his claim, he was provided with the type of quasi-judicial hearing sufficient to satisfy Code of Civil Procedure section 1094.5 even though the State Personnel Board was not required to provide an evidentiary hearing; and 2) since the Legislature did not clearly provide that a whistleblower could pursue alternative remedies and did require plaintiff to initiate administrative proceedings, he is collaterally estopped from relitigating the findings that were actually litigated in the quasi-adjudicatory proceedings.

Appellate Information

  • Decided 02/15/2008
  • Published 02/15/2008

Judges

  • RAYE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • K. William Curtis, Warren C. Stracener, Sacramento, Sandra L. Lusich, and Tom Dyer, for Petitioners., No appearance for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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