Ferrick

Ferrick v. Santa Clara University

Good Law
181 Cal. Rptr. 3d 68·2014 Cal. App. LEXIS 1091·231 Cal. App. 4th 1337·39 I.E.R. Cas. (BNA) 834
Court of Appeal of CaliforniaDecember 1, 2014H040252California8,060 words

Opinion

Opinion

Elia, J.

Linda Ferrick, a former employee of Santa Clara University (SCU), a private institution, appeals from a judgment of dismissal after an order sustaining a demurrer to Ferrick’s second amended complaint (complaint) without leave to amend. The complaint’s sole cause of action is for wrongful termination in violation of public policy, otherwise known as a Tameny claim (see Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167 [ 164 Cal.Rptr. 839 , 610 P.2d 1330 ] (Tameny)). The court found that the complaint failed to allege that her discharge violated any fundamental public policy.

Although the complaint charges Nick Travis (Travis), allegedly SCU’s “Director of Real Estate” and Ferrick’s immediate supervisor, with extensive wrongdoing and inappropriate behavior, only some of that conduct was allegedly reported by Ferrick to SCU’s management. Based upon her limited disclosures to SCU as alleged, Ferrick argues that the complaint states a cause of action. We conclude that the complaint does state a cause of action for wrongful termination in violation of public policy on a very narrow basis. Accordingly, we will reverse the judgment.

I

Standard of Review

Appellate review…

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