Stockett

Stockett v. Association of California Water Agencies Joint Powers Insurance Authority

Bad Law
20 Cal. Rptr. 3d 176·2004 Cal. LEXIS 10271·2004 Daily Journal DAR 13311·34 Cal. 4th 441·99 P.3d 500
Supreme Court of CaliforniaNovember 1, 2004S108220California3,246 words

Opinion

Opinion

Werdegar, J.

The question presented is whether a dismissed government employee is precluded under the Tort Claims Act (Gov. Code, § 810 et seq.) from asserting, in a complaint for wrongful termination, theories of illegal motivation that were not specified in the required notice of claim. We conclude the claimant is not barred from asserting additional wrongful dismissal theories in his complaint where, as here, the notice of claim informs the public entity of the employment termination cause of action giving rise to the claim and provides sufficient detail for investigation by the public entity. We therefore reverse the Court of Appeal.

Factual and Procedural Background

The Association of California Water Agencies Joint Powers Insurance Authority (JPIA) is a public agency that provides insurance and risk management services to nearly 300 public water agencies in California. Plaintiff Jerry Stockett was the general manager of JPIA from 1983 until his termination on August 25, 1995. Under the terms of his 1992 employment contract, he was an at-will employee. Stockett was terminated by JPIA’s Executive Committee (the committee) after it discussed his job performance in a closed…

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