Verceles v. L.A. Unified School District
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The Court of Appeal reversed the trial court's order granting the school district's special motion to strike plaintiff's complaint for discrimination and retaliation in violation of California's Fair Employment and Housing Act (FEHA). Plaintiff's complaint stemmed from his removal from his school and placement on reassignment due to an unspecified allegation of misconduct. Plaintiff remained on paid suspension for more than three years, during which time he was told to stay home and not allowed to teach or pursue continuing education or professional development.
As a preliminary matter, the court concluded that plaintiff's appeal of the Code of Civil Procedure section 425.16 (anti-SLAPP statute) order is properly before the court. On the merits, the trial court erred by granting the school district's special motion to strike where plaintiff's complaint does not arise from the school district's protected activity. The court explained that the school district's decisions to place plaintiff on leave and terminate his employment are not protected activity within the meaning of section 425.16, subdivision (e)(2), even if those decisions were made in conjunction with an official investigation. Furthermore, the school district's participation in, or preparation for, the statutorily defined procedures for dismissal or suspension, without more, does not constitute conduct in furtherance of the school district's own right to petition.
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