Whitehall v. County of San Bernardino

Plaintiff Mary Anna Whitehall worked as a social worker for the San Bernardino County Children and Family Services (CFS or the County). She sought legal advice pertaining to any liability she might have for submitting misleading information and doctored photographs to the juvenile court at the direction of her superiors. Her counsel prepared a filing; subsequently plaintiff was immediately placed on administrative leave for disclosing confidential information to an unauthorized person. Upon being informed she would be terminated for the breach, plaintiff resigned her position and filed a whistle blower action against the County. The County filed a special motion to strike the complaint as an Anti-SLAPP action, pursuant to Code of Civil Procedure section 425.16, which was denied by the trial court. The County appealed. On appeal, the County argued the trial court erred in determining plaintiff had established the second prong of the criteria to overcome a special motion to strike an Anti-SLAPP lawsuit by finding a likelihood she would prevail because the County’s actions were not privileged or covered by governmental immunity. Finding no reversible error, the Court of Appeal affirmed. View "Whitehall v. County of San Bernardino" on Justia Law