Gallup v. Super. Ct.
Annotate this CaseDefendant Superior Court of Nevada County (SCNC) appealed a jury verdict in favor of plaintiff and former employee Emily Gallup. Gallup brought this action alleging, in part, that SCNC retaliated against her in violation of Labor Code section 1102.5, subdivision (b) for engaging in protected activity when she complained to her supervisor, other court management, and the Administrative Office of the Courts (AOC) that the Family Court Services Department (FCS) was not providing services in compliance with the law, rules, regulations, and policies. SCNC demurred to this cause of action on the ground Gallup had failed to exhaust her administrative remedies under section 98.7. The trial court overruled the demurrer. The case was tried before the jury on the section 1102.5, subdivision (b) cause of action alone, as all Gallup’s other causes of action were disposed of by demurrer or summary judgment. The jury found in Gallup’s favor, awarding her past economic loss in the amount of $168,206, future economic loss in the amount of $105,000, and past noneconomic loss in the amount of $40,000, for a total of $313,206. SCNC appealed, raising as the only issue the trial court order overruling the demurrer. Upon review, the Court of Appeal concluded that "Campbell v. Regents of University of California," (35 Cal.4th 311 (2005)), and not the precedent relied upon by SCNC, was the controlling authority, and reversed for consideration under the correct caselaw standard.
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