FOWLER v. HOWELL

Docket No. B092865.

42 Cal.App.4th 1746 (1996)

50 Cal. Rptr.2d 484

GARY G. FOWLER, Plaintiff and Appellant, v. ELSIE HOWELL, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

March 5, 1996.


Attorney(s) appearing for the Case

COUNSEL

William H. McKenzie for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Margaret Rodda, Assistant Attorney General, Richard J. Rojo and Jung D. Shin, Deputy Attorneys General, for Defendant and Respondent.


OPINION

GILBERT, J.

A public employee accuses a coworker of sexual harassment and rude behavior. The State Personnel Board adopts the findings of an administrative law judge who finds most, but not all, the accusations not proven. The accused employee then brings a malicious prosecution action against the complaining employee but fails to file a claim under the California Tort Claims Act. Is his action barred? We conclude it is.<...

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