Shaw v. Superior Court of L.A. Cnty. (Summary)

RETALIATION

Shaw v. Superior Court of L.A. Cnty., No. B254958 (Cal. Ct. App. Aug. 21, 2014)

The California Court of Appeal granted a writ of mandate and ruled that a former hospital employee is entitled to a jury trial on claims of improper retaliation.

A former hospital employee complained to the healthcare operating system about issues regarding quality of care, services provided, and certification and licensure of healthcare professionals. Soon after voicing her complaints, the employee was terminated. The employee then brought claims against the hospital, seeking a jury trial. However, the request for a jury trial was denied, and the court concluded that the former employee’s cause of action was purely equitable. The former employee then challenged the denial of the jury trial by petitioning for a writ of mandate.

The court found that a writ relief should be granted to resolve the issue of statutory interpretation regarding the Health and Safety Code. In addressing the code’s statutory interpretation, the court held that both the language and the legislative history behind the statute reflect the original lawmakers’ intent that a jury trial be granted. The court reached this conclusion by determining that the legislature added the language at issue specifically to broaden the scope of remedies available to harmed employees, and to give the court greater discretion. Additionally, the court found that the former employee’s cause of action was based in law rather than equity. Because her damages stemmed from the hospital’s statutory violation, her cause of action is triable before a jury.