Levine

Levine v. Weis

Good Law
1998 Cal. App. LEXIS 1034·68 Cal. App. 4th 758·80 Cal. Rptr. 2d 439·98 Daily Journal DAR 12753·98 Cal. Daily Op. Serv. 9137
Court of Appeal of CaliforniaDecember 14, 1998B115091California2,645 words

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,…

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