Legal Opinion

Thornton v. California Unemployment Insurance Appeals Board

California Court of Appeal

Decided April 17, 2012No. D058635PublishedCited by 11 opinions

1Opinion of the Court

*1408Opinion

IRION, J.

—The question on this appeal from a judgment of dismissal after a demurrer was sustained without leave to amend is whether, under Government Code section 996.4 or Labor Code section 2802, an employee of a public agency who is hired into a different position within the agency has a right to reimbursement from the agency for attorney fees and other expenses the employee incurred in an investigation by law enforcement of potential conflicts of interest in the hiring, when no formal civil action or proceeding was commenced against the employee. We hold the answer is no and affirm…

2Cases cited53 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Silberg v. AndersonCalifornia Supreme Court · 1990
  3. Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
  4. Quelimane Co. v. Stewart Title Guaranty Co.California Supreme Court · 1998
  5. Schifando v. City of Los AngelesCalifornia Supreme Court · 2003

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3Cited by11 opinions

  1. Renda v. NevarezCalifornia Court of Appeal · 2014
  2. Am. Cargo Express, Inc. v. Superior Court of Sacramento Cnty., California Court of Appeal, 5th District2017
  3. American Cargo Express v. Super Ct.California Court of Appeal · 2017
  4. Brown v. Superior CourtCalifornia Court of Appeal · 2018
  5. Center for Biological Diversity, Inc. v. Public Utilities Com.California Court of Appeal · 2026

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