California Court of Appeal

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Lemke v. Sutter Roseville Medical Center, 078983

In a suit brought by a plaintiff who was terminated from her employment as a registered nurse after improper administration of narcotics to a patient and failure to properly monitor and document the patient's condition, alleging retaliation for whistleblowing, disability discrimination, failure to accommodate a disability, failure to engage in an interactive process, retaliation, harassment, failure to prevent retaliation, and defamation, the trial court's grant of summary judgment to defendant is affirmed where: 1) plaintiff did not meet her burden to show defendant's stated reasons were merely a pretext for retaliating against her; 2) the trial court properly dismissed her claim of failure to prevent retaliation; 3) as to her cause of action for defamation, defendant's statements were absolutely privileged because they were made in connection with its internal investigation and in an official proceeding before the California Board of Registered Nursing; and 4) plaintiff has forfeited her claim of evidentiary error for lack of any record citations or analysis of prejudice.

Appellate Information

  • Decided
  • Published 2017/02/27


  • HOCH


  • California Court of Appeal