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Supreme Court of California

Shaw v. Super. Ct., 221530

In a wrongful termination case brought against a hospital, alleging causes of action based on Health and Safety Code section 1278.5(g) and wrongful termination in violation of public policy pursuant to this court's decision in Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, the Court of Appeals judgment in plaintiff's favor is: 1) affirmed in part, where a trial court ruling denying a request for a jury trial in a civil action is reviewable prior to trial by a petition for an extraordinary writ; and 2) reversed in part, where there is no statutory right to a jury trial in a cause of action for retaliatory termination under the statutorily created civil action authorized under Health and Safety Code section 1278.5(g) inasmuch as the language and legislative history of that statute demonstrate that the Legislature intended that the remedies available in such an action would be determined by the court rather than by a jury.

Appellate Information

  • Decided
  • Published 2017/04/10




  • Supreme Court of California


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