Baughn v. Dept. of Forestry
Annotate this CaseDefendant California Department of Forestry and Fire Protection (Cal Fire) employed plaintiff Corey Baughn as a firefighter at its Mendocino Unit. In 2009, Cal Fire terminated him for sexually harassing a female subordinate employee. Baughn appealed his termination to the State Personnel Board. Before the Board considered the matter, the parties settled the dispute by written stipulation. Baughn agreed to withdraw his appeal; resign from Cal Fire; and not apply for, seek, or accept employment with Cal Fire again. In exchange, Cal Fire agreed to remove any reference to its disciplinary action from Baughn’s personnel file and to accept Baughn’s resignation. The Personnel Board approved the stipulation. Baughn then worked for the Ukiah Valley Fire District, first as a volunteer firefighter and then as a temporary employee. Ukiah Valley had an agreement with Cal Fire to assign Ukiah Valley personnel to a Cal Fire facility during the winter months. The unit chief of Cal Fire’s Mendocino Unit, Christopher Rowney, became aware that Baughn was working for Ukiah Valley. Rowney knew that as result of Baughn’s employment duties, Baughn would likely be present in Cal Fire facilities when the victim of Baughn’s earlier harassment would also be present. Concerned about this possibility, Rowney wrote a letter to Ukiah Valley’s fire chief ordering Baughn not to be present in any Cal Fire facility. Baughn sought permanent employment with Ukiah Valley. However, when Ukiah Valley’s governing board members learned of Rowney’s action, they pressured the chief to terminate Baughn, which the chief ultimately did. Baughn and his union, plaintiff CDF Firefighters (the Union), sued Cal Fire for breach of the written settlement stipulation between it and Baughn, breach of the implied covenant of good faith and fair dealing, and intentional and negligent interference with prospective economic advantage. Cal Fire filed an anti-SLAPP motion to strike the complaint as to the Union, but not as to Baughn. It contended the complaint arose from speech by Rowney that was protected under the anti-SLAPP statute. It also asserted the Union was not likely to succeed on the merits. The trial court denied the motion. Cal Fire appealed, and the Court of Appeal affirmed, finding that defendant failed to demonstrate plaintiffs’ action arose from conduct taken by defendant in furtherance of its right of speech in connection with a public issue or an issue of public interest. The Court reversed and remanded an award of attorney fees, finding that the trial court relied on an improper basis for awarding fees to plaintiff.
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