Levine
Levine v. Weis
Opinion
Opinion
Gilbert, J.
Plaintiff, a schoolteacher, complains to Ms superiors that his classrooms are unlawfully understaffed. He is terminated and brings an action alleging, among other causes of action, wrongful termination under the False Claims Act. (Gov. Code, § 12650 et seq.) The trial court grants summary adjudication in favor of defendants. Later plaintiff’s entire action is dismissed.
Here we hold that the False Claims Act applies to governmental entities. We therefore reverse the grant of summary adjudication for the cause of action based on the False Claims Act. In all other respects, we affirm.
Facts
Robert LeVine was employed as a teacher by the Ventura County Superintendent of Schools (hereinafter VCSS) for approximately tMee and a half years. He held an emergency credential that expired annually. He was assigned to the McBride School at Ventura County Juvenile Hall. He worked in the “unit school” for maximum security inmates.
LeVine was the only teacher for between 40 to 80 students spread among 4 locked classrooms. In a memorandum dated August of 1994, LeVine complained to VCSS about understaffing. Levine raised these concerns at a McBride School staff meeting on December 14,…