Boston v. Penny Lane Centers, Inc.

In this wrongful termination lawsuit, the jury returned a verdict for plaintiff and respondent LaToya Boston. Defendant and appellant Penny Lane Centers, Inc. (Penny Lane), moved for judgment notwithstanding the verdict, or alternatively, a new trial; the trial court denied both motions. Penny Lane appeals from the final judgment on two grounds. It contends, first, that Boston’s claim is barred by her failure to exhaust the administrative remedy set forth in Health and Safety Code section 1596.882, and, second, that the trial court committed reversible error by allowing Boston’s expert witnesses to testify at trial.

We conclude that Boston did not bring her claim under Health and Safety Code sections 1596.881 and 1596.882, and therefore is not limited to the administrative remedy set forth in section 1596.882. We also conclude that the trial court acted within its discretion by admitting the testimony of Boston’s expert witnesses. We shall affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Penny Lane is a social services agency that operates group homes for juveniles and offers therapy for children and families, among other services. In August 2004, Penny Lane hired…