Hood

I. Introduction

Ronald Hood (plaintiff) appeals from a judgment of dismissal in favor of Hacienda La Puente Unified School District (defendant) entered after its demurrer was sustained without leave to amend. 1 Plaintiff, a former teacher, had sued defendant for malicious prosecution, and for allegedly retaliating against him for “whistle-blowing.” We affirm the judgment of dismissal. Plaintiff also appeals from an order staying discovery pending a ruling on defendant’s demurrer. However, because we affirm the order of dismissal, the appeal from the discovery order is moot. In the published portion of the opinion, we discuss the effects of plaintiff’s failure to allege he exhausted his administrative remedies pursuant to Government Code 2 section 8547.8, subdivision (c), in connection with his second cause of action for retaliation in violation of section 19683.

II. The First Amended Complaint

Plaintiff’s first amended complaint, the operative pleading, alleged as follows. Defendant and its counsel, who “may have been the agent and employee of each other” initiated a civil proceeding against plaintiff. In so doing, the first amended complaint alleged: “[Sjome…