Levine

Levine v. Weis

Bad Law
108 Cal. Rptr. 2d 562·90 Cal. App. 4th 201
Court of Appeal of CaliforniaJuly 25, 2001B136973California4,833 words

Opinion

Opinion

Gilbert, J.

In LeVine v. Weis (1998) 68 Cal.App.4th 758 [ 80 Cal.Rptr.2d 439 ], we held plaintiff could state a cause of action for wrongful termination against a governmental entity under the False Claims Act. (Gov. Code, § 12650 et seq.) We reversed summary adjudication dismissing plaintiff’s action. The subsequent jury trial resulted in a judgment in favor of plaintiff in the amount of $627,207, plus attorney’s fees in the amount of $241,957. Defendants Office of Ventura County Superintendent of Schools (VCSS) and individual supervisors employed by VCSS appeal.

We conclude that the False Claims Act imposes liability on the employer but not on individual supervisors acting for the employer. We reverse as to individual employees of VCSS. In all other respects we affirm.

Facts

In 1993, Robert LeVine began work at the McBride School at Ventura County Juvenile Hall. Juveniles at McBride who were considered too dangerous to be let out of the units in which they were housed, were taught within the units. Classrooms in each of the four housing units were collectively called the “Unit School.” LeVine was the only teacher for between 90 and 120 students spread among the four locked…

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