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City of Moorpark v. Superior Court of Ventura County8/17/1998
es and prevent their recurrence. Permitting a parallel common law tort claim puts courts in the untenable position of using a legislative declaration of public policy as a touchstone to justify duplicative remedies that ultimately can serve only to frustrate legislative intent. In addition, recognizing a FEHA-based cause of action for wrongful discharge in violation of public policy contradicts the rationale of this exception to the at-will employment doctrine. When the Legislature has provided an adequate statutory remedy to fully protect the interests of both the employee and the public, the courts have neither reason nor need to intercede." (Id. at p. 912.)
The procedural history of this case highlights the adequacy of the statutory remedy: Dillon filed a charge of disability discrimination with the Department of Fair Employment and Housing, which issued a right-to-sue letter as it routinely does. (See Stevenson, supra, 16 Cal.4th at pp. 914-915 (dis. opn. of Brown, J.).) Dillon's present action in superior court includes a claim of discrimination under FEHA for which she may recover compensatory and punitive damages. (See State Personnel Bd. v. Fair Employment & Housing Com. (1985) 39 Cal.3d 422, 434.) Her tortious wrongful discharge claim is thus entirely duplicative and in no respect advances the rationale of Tameny, supra, 27 Cal.3d 167. (See Stevenson, supra, 16 Cal.4th at pp. 919-925 (dis. opn. of Brown, J.).)
III.
For the reasons stated above, I would affirm the judgment of the Court of Appeal except to the extent it concluded Dillon has stated a cause of action for tortious wrongful discharge. As to that cause of action, I would direct the Court of Appeal to grant defendants' petition for a writ of mandate.
I CONCUR: BAXTER, J.
See next page for addresses and telephone numbers for counsel who argued in Supreme Court.
[Editor's note: originally released as an unpublished opinion] Original Appeal Original Proceeding Review Granted XXX 49 Cal.App.4th 973 Rehearing Granted
Court: Superior County: Ventura Judge: Joe D. Hadden
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