California Court of Appeal
Gallup v. Superior Court of Nevada County, C073452
Plaintiff brought this action against defendant Superior Court of Nevada County alleging, in part, that defendant retaliated against her in violation for Labor Code section 1102.5(b) for engaging in protected activity when she complained to various managerial staff of the court that the Family Court Services Department was not providing services in compliance with the law, rules, regulations, and policies. Defendant demurred to this cause of action on the ground that plaintiff had failed to exhaust her administrative remedies under section 98.7. The trial court's order overruling the demurrer is reversed, where: 1) the administrative remedy need not be identical to the remedy available from the courts to be adequate, and as such, the exhaustion doctrine is applicable here; 2) the filing of the grievance did not serve to exhaust plaintiff's administrative remedies; and 3) filing a tort claim does not exhaust any remedy, and does not supplant the exhaustion doctrine.
- Decided 03/30/2015
- Published 03/30/2015
- California Court of Appeal