43 Cal.App.5th 563
Cal. Ct. App.2019Background
- Natalie Harlan was a special education program manager for Visalia Unified School District (VUSD) and alleges she was not re-elected after refusing to backdate documents, prompting a retaliation suit under the Reporting by School Employees of Improper Governmental Activities (the Act).
- Harlan sued VUSD and two individuals under the Act, seeking compensatory and punitive damages (pursuant to Ed. Code §44114(c)).
- VUSD moved to strike the punitive damages claim as to the district, arguing Government Code §818 bars punitive damages against public entities.
- The trial court denied the motion, concluding the Act supersedes Government Code §818 and allows punitive damages against school districts.
- VUSD petitioned for a writ of mandate; the Court of Appeal reviewed de novo whether §818 is superseded and whether punitive damages may be imposed on a school district under the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Government Code §818 bars punitive damages against a school district sued under the Act | Harlan: The Act (enacted later) permits punitive damages against "persons," defined to include state/local government, so it supersedes §818 | VUSD: §818 expressly bars punitive damages against public entities and contains broad "notwithstanding" language; the Act has no express exception | The court held §818 prohibits punitive damages against public entities; the trial court erred and punitive damage allegations as to VUSD must be struck |
Key Cases Cited
- Conn v. Western Placer Unified School Dist., 186 Cal.App.4th 1163 (Conn does not decide whether §44114 supersedes Gov. Code §818; it addressed §44113 vs. Gov. Code §820.2)
- Sacramento Newspaper Guild v. Sacramento County Bd. of Sup'rs, 263 Cal.App.2d 41 (implied repeal requires irreconcilable conflict; presumption against repeal by implication)
- Garcia v. McCutchen, 16 Cal.4th 469 (courts presume legislature intended consistent body of rules; strict standards for implied repeal)
- In re Marriage of Cutler, 79 Cal.App.4th 460 ("Notwithstanding any other provision of law" is broad and preclusive)
- Courtesy Ambulance Service v. Superior Court, 8 Cal.App.4th 1504 (example where legislature expressly created a statutory exception to Gov. Code §818)
- City of Sanger v. Superior Court, 8 Cal.App.4th 444 (public policy rationale against imposing punitive damages on public entities)