Hong v. Grant
Plaintiff Juan Hong brought this action after his complaint under the California Whistleblower Protection Act (Gov. Code, 8547 et seq.; Act) was denied by defendant The Regents of the University of California (university) based on acts by defendants Stanley Grant, Nicolaos Alexopoulos, Herbert P. Killackey, and Michael R. Gottfredson. He appeals from a judgment resulting from the sustaining of a demurrer to his cause of action for damages under the Act and denial of his petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5. (All further statutory references are to this code unless otherwise stated.) Because the complaint showed on its face that the university timely acted on his whistleblowers complaint, plaintiff is not entitled to damages under Government Code section 8547.10 and the court correctly sustained the demurrer. Moreover, administrative mandamus does not lie to review denial of plaintiffs whistleblower complaint because a hearing on that complaint was not required by law. As a result, Court affirm.
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