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MacDONALD v. STATE OF CALIFORNIA

No. C069646.

219 Cal.App.4th 67 (2013)

161 Cal. Rptr. 3d 520

AARON MACDONALD, Plaintiff and Appellant, v. STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Third District.

August 27, 2013.

Attorney(s) appearing for the Case

Corren & Corren and Adam Blair Corren for Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Alicia M. B. Fowler , Assistant Attorney General, Scott H. Wyckoff and Mark J. Tamblyn , Deputy Attorneys General, for Defendant and Respondent State of California.

Diane Boyer-Vine , Robert A. Pratt ; Renne Sloan Holtzman Sakai , Timothy G. Yeung and Erich W. Shiners for Defendant and Respondent California State Assembly.

OPINION

BLEASE, Acting P. J. —

The issue presented by this appeal is whether an employee must exhaust the administrative remedy set forth in Labor Code section 98.71 before filing suit in superior court for retaliatory discharge in violation of sections 1102.5 and 6310. We shall conclude that under the rule of exhaustion announced in Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280,

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