Shaw v. Superior CourtAnnotate this Case
Plaintiff filed suit against Defendants, alleging that she was unlawfully terminated from employment. The complaint set forth two causes of action, one based on Cal. Health & Safety Code 1278.5(g) and one based on wrongful termination in violation of public policy. At issue in these proceedings was whether there was a right to a jury trial as to Plaintiff’s cause of action authorized by section 1278.5(g). The trial court denied a jury trial on the section 1278.5(g) cause of action. Plaintiff then filed a petition for writ of mandate in the Court of Appeal. The Court of Appeal ruled in Plaintiff’s favor, holding, inter alia, that the trial court erred in determining that there was no right to a jury trial in an action based on section 1278.5(g). The Supreme Court affirmed in part and reversed in part, holding (1) a trial court ruling denying a requested jury trial may be challenged prior to trial by a petition for an extraordinary writ; but (2) there is no right to a jury trial in a cause of action for retaliatory termination under section 1278.5(g) when a plaintiff seeks damages in such an action. Remanded.