Jones

Jones v. Regents of the University of California

Good Law
164 Cal. App. 4th 1072·2008 Cal. App. LEXIS 1045·79 Cal. Rptr. 3d 817·27 I.E.R. Cas. (BNA) 1702
Court of Appeal of CaliforniaJuly 14, 2008B196567California1,757 words

Opinion

Opinion

Cooper, J.

Plaintiff Mary Jones appeals from an order denying her motion for an injunction barring defendant, the Regents of the University of California (university), from requiring that administrative complaints of whistleblower retaliation be presented on a form that plaintiff contends violates constitutional free speech rights. The trial court denied the motion, both on equitable grounds and for legal reasons concerning the merits. We affirm, principally because we agree with the trial court that, as the university represented, the form was optional not mandatory, and hence an injunction was unnecessary.

FACTS

Plaintiff, a nurse employed at the University of California, Los Angeles (UCLA), filed a superior court complaint for employment discrimination and retaliation. She asserted, inter alia, that she had undergone adverse employment action in retaliation for reporting unsanitary and unsafe practices at a UCLA hospital, where she worked. On the university’s motion to strike, the trial court ruled that with respect to her allegations of whistleblower retaliation, plaintiff had failed to exhaust internal administrative remedies, as required by Government Code section 8547.10,…

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