Scheer v. Regents of the University of California
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The Court of Appeal reversed the district court's grant of summary judgment in favor of defendants in a whistleblower retaliation action brought by plaintiff. Plaintiff brought his whistleblower claims in three causes of action, alleging violations of three statutes: Labor Code section 1102.5, Government Code section 8547 et seq., and Health and Safety Code section 1278.5.
In Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, the California Supreme Court clarified the legal framework that applies to claims under Labor Code Section 1102.5. The court stated that, while Lawson did not discuss Government Code section 8547.10, that statute contains nearly identical language to the language analyzed by the state Supreme Court. Therefore, the court concluded that Lawson's legal framework also applies to plaintiff's Government Code claim. In this case, defendants relied on a legal standard inconsistent with Lawson in seeking summary adjudication of plaintiff's Labor and Government Code claims, and thus the court reversed and remanded as to those claims.
In regard to plaintiff's third claim under Health and Safety Code section 1278.5, the court concluded that Lawson did not change the legal framework. The court also concluded that a triable issue of material fact exists regarding whether the stated reasons for termination were pretextual. Accordingly, the court reversed and remanded the matter for further proceedings.
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