State law violations in college 553
April 16th, 2012 
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Mize-Kurzman v. Marin Community College Dist. 202 Cal.App.4th 832 (2012) (1/ 2) MK reported to district president several state law violations in college minority program’s operation. MK then lost several responsibilities, got negative performance evaluation, and then put on leave. MK sued for whistleblower violations, LabC § 1102.5 Ed C § 87162. Jury verdict for district, reversed. San-Diego-Auto-Accident-lawyer [1] Federal authorities are instructive on state law. Trial court gave five limitations on what constitutes a protected disclosure. (#1 For public and not private reasons, #2 not mere policy differences, #3 not normal course of duties, #4 not publicly known facts, #5 not merely determining if practice violates the law.) #1 not supported by cited federal authorities, #2 applies to policies, but not where report is of suspected law violations. #3 not a categorical limitation, at least if supervisor is not the claimed wrongdoer. #4 was a proper limitation. #5 was a proper limitation. [2] Instructions requiring showing of “intention of retaliating” is proper. [3] Instruction that separate basis for employment action is a defense is proper. [4] Error to admit evidence of MK’s possible retirement benefits under guise of mitigation of damages, as this is a form of collateral source rule. Lengthy opinion. San Diego personal injury attorney