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Bollinger v. Dept. of Corrections and Rehabilitation

Bollinger v. Dept. of Corrections and Rehabilitation
06:14:2006

Bollinger v


Bollinger v. Dept. of Corrections and Rehabilitation


Filed 5/10/06  Bollinger v. Dept. of Corrections and Rehabilitation CA3


NOT TO BE PUBLISHED


 


 


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.


 


 


 


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


THIRD APPELLATE DISTRICT


(Sacramento)


----







SCOTT BOLLINGER,


          Plaintiff and Appellant,


     v.


DEPARTMENT OF CORRECTIONS AND REHABILITATION,


          Defendant and Respondent.



C050161


(Super. Ct. No. 04AS03201)



     Plaintiff Scott Bollinger appeals from the judgment dismissing his second amended complaint after the court sustained a demurrer without leave to amend, arguing the trial court erred in holding that his action for damages under the Whistleblower Protection Act (Gov. Code, § 8547 et seq.) is subject to the claim-presentation requirements of the Government Claims Act (Gov. Code, § 900 et seq.). 


     We conclude that Bollinger's claim is barred by the Government Claims Act, and affirm the judgment. 



STANDARD OF REVIEW


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Description A decision regarding action for damages under the Whistleblower Protection Act.
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