Cornejo

Plaintiff Ruby Cornejo filed this action for damages for violations of the California Whistleblower Protection Act (WPA) (Gov. Code, § 8547 et seq.) in May 2010. She alleged that as a result of her reports starting in 1999 about the practices and policies of the State Department of Social Services (the Department) being “ ‘improper governmental activity’ ” (§ 8547.2, subd. (c)), she experienced retaliation beginning in 2002. The Department demurred on several grounds. The trial court agreed that plaintiff had failed to comply with the Government Claims Act (Claims Act) because the Claims Act procedures for presenting claims (see §§ 900-915.4, 945.4) apply to actions under the WPA and—as plaintiff conceded—she had not filed a claim with the State of California before bringing suit (see § 905.2). The trial court also concluded the limitations period for actions subject to the claims presentation requirement had expired. The trial court did not reach the remainder of the grounds for defendant’s demurrer. It entered a judgment of dismissal in favor of the Department, from which plaintiff appeals.

Analogizing to the California Fair Employment and Housing Act (FEHA), plaintiff…