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CALIFORNIA PERS v. SUPERIOR COURT

No. C054168.

72 Cal.Rptr.3d 561 (2008)

160 Cal.App.4th 174

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al., Petitioners, v. The SUPERIOR COURT of Sacramento County, Respondent; Gary Trobee, Real Party in Interest.

Court of Appeal of California, Third District.

February 15, 2008.

Attorney(s) appearing for the Case

K. William Curtis, Warren C. Stracener, Sacramento, Sandra L. Lusich, and Tom Dyer, for Petitioners.

No appearance for Respondent.

No appearance for Real Party in Interest.

RAYE, J.

After the California Public Employees' Retirement System (PERS)1 rendered its adverse findings, senior information systems analyst supervisor Gary Trobee (plaintiff) continued to prosecute his whistleblower claim Code, § 1102.5) without challenging those findings by mandamus. He contends he has the right to pursue a civil action for damages once the State Personnel Board (SPB...

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