April 7, 2017
Shaw raises these issues: (1) Did the Court of Appeal err by reviewing plaintiff’s right to a jury by writ of mandate rather than appeal? (See Nessbit v. Superior Court (1931) 214 Cal. 1.) (2) Is there a right to jury trial on a retaliation cause of action under Health and Safety Code section 1278.5?
Two weeks before the case was argued, the Supreme Court told counsel to “be prepared at oral argument to address, in connection with the constitutional jury trial issue, the relationship between an employee’s action for wrong termination under Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 157 and such an employee’s action for retaliatory termination under Health and Safety Code section 1278.5, subdivision (g), including the relevance of the provisions of Health and Safety Code section 1278.5, subdivision (m).”
The opinion can be viewed Monday starting at 10:00 a.m.