Mykles

BACKGROUND

Because we are reviewing this matter on demurrer, we take the facts from the operative complaint and deem its allegations to be true for the purpose of determining whether it states a viable cause of action. (Stevenson v. Superior Court (1997) 16 Cal.4th 880, 885.) We may also consider facts of which the trial court properly took judicial notice. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 877; see also Evid. Code, § 459, subd. (a).) Mykles began working at SCIF in 1989. In 2006, SCIF asked Mykles to attend work improvement plan meetings regarding his job performance. SCIF terminated his employment on March 20, 2007. Represented by counsel provided by his union, Mykles appealed his termination and filed a separate whistleblower retaliation complaint with SPB. In 2011, the parties resolved their dispute, and SPB approved their stipulated settlement agreement. Under the settlement, Mykles received a monetary payment, among other benefits, in exchange for a general release of known and unknown claims and a waiver of Civil Code section 1542, among other concessions. On March 20, 2013, Mykles learned that he could pursue a claim for unfair practices against…