Colores

Plaintiff Lillian L. Colores appeals from a summary judgment in her suit for constructive wrongful discharge from employment at a state university. In granting summary judgment, the trial court ruled, as a matter of law, that the facts of this case cannot support plaintiffs allegation of constructive discharge. Defendants are the Board of Trustees of the California State University, James Rosser and Steven Garcia (the university, Rosser, Garcia, and, collectively, defendants). Rosser is the president of the university’s Los Angeles campus. Garcia is the vice-president of administration and finance at that campus.

Although plaintiff alleged eight causes of action, our opinion concerns only a cause of action against the university for constructive wrongful termination in violation of public policy. The university’s cross-appeal challenges an order that denied its first motion for summary adjudication of issues on that cause of action. The denial was based on the trial court’s determination that an employee who takes a disability retirement from employment is not precluded from recovering on a wrongful constructive discharge cause of action.

The thrust of plaintiffs suit…