Jeffra

Jeffra v. Cal. State Lottery

Good Law
251 Cal. Rptr. 3d 873·39 Cal. App. 5th 471
Court of Appeal of CaliforniaAugust 29, 2019B292775California5,031 words

Opinion

Lead Opinion

Grimes, J.

*876 *474 SUMMARY

Plaintiff James Thomas Jeffra was an investigator employed by defendant California State Lottery. He sued defendant, alleging retaliation in violation of the California Whistleblower Protection Act. ( Gov. Code, § 8547.8, subd. (c).) He alleged defendant engaged in a pretextual investigation, ultimately forcing him to retire, after he filed a whistleblower complaint with the California State Auditor.

Defendant filed an anti-SLAPP (strategic lawsuit against public participation) motion to strike the complaint ( Code Civ. Proc., § 425.16 ), contending the complaint arose from protected activity, namely, defendant's investigation of possible misconduct by plaintiff. The trial court denied the motion, finding the complaint arose "from non-protected retaliation, not protected investigations."

After plaintiff's ensuing appeal was briefed, the California Supreme Court decided Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871 , 249 Cal.Rptr.3d 569 , 444 P.3d 706 ( Wilson ). In Wilson , the court disapproved the precedent on which the trial court here relied, and held that retaliation claims "arise from the adverse actions allegedly taken" - here, the…

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