[REDACTED] v. Department of Transportation, Union Operators & Engineers Bargaining Unit 12; Paul Sperling, James Gunn, and Does 1 to 50
Published: Oct. 15, 2016 | Result Date: Sep. 21, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC618685 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Lisa A. Braham
(Office of the County Counsel)
Erick L. Solares
(California Department of Transportation)
Jerald M. Montoya
(California Department of Transportation)
Facts
Plaintiff, a Landscape Maintenance Worker, brought an employment case against her former employer the State Dept. of Transportation.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was not allowed to go to a drug treatment by her employer, and was wrongfully terminated based on false information that was used against her. She asserted causes of action for general negligence, intentional tort, wrongful termination, defamation, and libel.
DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff failed to comply with the Government Tort Complaint Act and therefore could not maintain any of her causes of action against defendant, a public entity. It also contended that any wrongful termination claim asserted by plaintiff was barred by the applicable two-year statute of limitations.
Defendant contended that plaintiff's defamation and libel claims were also time barred. Defendant also claimed that the court lacked jurisdiction over general negligence because it is a common law non-statutory cause of action. Caltrans also claimed that wrongful termination is a tort cause of action that no longer exists against government entities.
Result
The court sustained the demurrer without leave to amend.
Other Information
FILING DATE: April 28, 2016.
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