Braun

Braun v. Bureau of State Audits

Good Law
1998 Cal. App. LEXIS 968·67 Cal. App. 4th 1382·79 Cal. Rptr. 2d 791·98 D.A.R. 11·98 Daily Journal DAR 11905
Court of Appeal of CaliforniaNovember 23, 1998A075423California4,245 words

Opinion

Opinion

Hanlon, J.

Odelia S. Braun appeals from the judgment in favor of respondents the Bureau of State Audits (Bureau), State Auditor Kurt R. Sjoberg, and Bureau auditors Ann Campbell and Dore Tanner, after their demurrer to appellant’s complaint was sustained without leave to amend. Appellant sued respondents for damages arising from the State Auditor’s 1994 investigation and report of the Center for Prehospital Research and Training (CPRT) at the University of California, San Francisco (UCSF), where appellant worked.

This appeal presents the first reported challenge to the State Auditor’s conduct of an investigative audit under the Reporting of Improper Governmental Activities Act (Gov. Code, § 8547 et seq.; hereafter the Reporting Act). In the published portion of this opinion, we conclude that statements made in the CPRT audit report were privileged under Civil Code section 47, subdivision (b), and thus that appellant’s tort claims based on those statements were properly dismissed. In the unpublished portion of the opinion, we uphold the dismissal of appellant’s “due process” claims. The judgment is affirmed.

I. Background

A. The Statutory Scheme

The Reporting Act is a…

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