Hartnett
Hartnett v. Crosier
Opinion
Lead Opinion
McConnell, J.
INTRODUCTION
Rodger J. Hartnett, a former employee of the San Diego County Office of Education (Education Office), sued several Education Office employees (individual defendants) alleging they retaliated against him in violation of Education Code section 44113, subdivision (a) 1 (section 44113(a)). Among other relief, Hartnett sought punitive damages and attorney fees under section 44114, subdivision (c) (section 44114(c)). The trial court granted summary judgment in favor of the individual defendants after determining section 44113(a) did not apply to them because they were management employees and section 44114(c) did not apply to Hartnett because he was also a management employee. Hartnett appeals, contending the trial court erred in these determinations.
We conclude the trial court erred in determining section 44113(a) did not apply to those individual defendants who are also supervisory employees under Government Code section 3540.1, subdivision (m). However, we conclude the trial court correctly determined section 44114(c) did not apply to Hartnett. We, therefore, reverse the judgment and remand the matter to the trial court for further proceedings.