Edgerly

Edgerly v. City of Oakland

Good Law
150 Cal. Rptr. 3d 425·2012 Cal. App. LEXIS 1258·211 Cal. App. 4th 1191·34 I.E.R. Cas. (BNA) 1330
Court of Appeal of CaliforniaDecember 12, 2012No. A134047California6,089 words

Opinion

Lead Opinion

Baskin, J.

Deborah Edgerly is the former city administrator of the City of Oakland (City). Edgerly sued the City in 2009, alleging that then Mayor Ron Dellums (Mayor or Dellums) wrongfully terminated Edgerly’s employment in retaliation for her refusal to violate the City’s charter, municipal code, and civil service rules and resolutions.

Edgerly claims that the trial court erred when it sustained a demurrer to the first two of her three causes of action for violation of the statewide whistle-blower statute set forth in Labor Code section 1102.5, subdivision (c) (section 1102.5(c)). 2 Edgerly also claims that the trial court erred when it dismissed the third whistleblower cause of action on a motion for summary adjudication.

The primary question presented by this appeal is a question of first impression under California law: Should alleged violations of a charter city’s municipal law be deemed violations of state law for purposes of section 1102.5(c)? Based on principles of statutory construction and public policy considerations, we hold that they should not, and accordingly, we affirm.

I.

Procedural Background

A. Procedural History.

On July 6, 2009, Edgerly filed a complaint…

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