Brown
Brown v. Department of Corrections
Opinion
Opinion
Davis, J.
In this action for employment retaliation, plaintiff Kevin Brown (Brown) appeals from a judgment following a demurrer sustained without leave to amend. We agree with the trial court that Brown’s action is foreclosed under the absolute privilege of Civil Code section 47, subdivision (b). Consequently, we affirm the judgment in favor of all the defendants.
Background
In reviewing a general demurrer sustained without leave to amend, we must determine whether, assuming the facts alleged in the complaint are true, a cause of action has been or can be stated. (Rogoff v. Grabowski (1988) 200 Cal.App.3d 624, 628 [ 246 Cal.Rptr. 185 ]; Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) We may also consider matters that may be judicially noticed. (Blank v. Kirwan, supra, at p. 318.) The pertinent facts alleged in the complaint, and those judicially noticed by the trial court without dispute here, are as follows.
Brown is employed as a correctional officer with the defendant Department of Corrections (Corrections) at the defendant High Desert Prison (High Desert).
On January 29, 2003, Brown telephoned the defendant Office of the Inspector General…