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McMahon v. El Camino Community College District1/31/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff Brian J. McMahon (McMahon) appeals from judgment entered in favor of defendants after the court sustained without leave to amend their demurrer to plaintiff's complaint for damages for wrongful termination and reinstatement to his employment as a faculty member of El Camino Community College District (District). We affirm the judgment because the trial court correctly determined the action was barred by the one-year statute of limitation.
ALLEGATIONS OF COMPLAINT AND PROCEDURAL BACKGROUND
On September 7, 1999, McMahon filed the instant verified complaint for damages and injunctive relief, alleging that defendants terminated his employment as a tenured faculty member of District in retaliation for his publicly speaking out and disclosing alleged unlawful practices by District; his termination allegedly violated Government Code section 12653, part of the False Claims Act. McMahon alleged that District made false claims as to the number of students enrolled at District by enrolling "phantom students," who did not attend class or do course work, in order to increase its share of state revenues.
McMahon alleged that from 1992 to 1997 he complained about the "phantom students" and other practices to District. In May 1996 a television news reporter interviewed McMahon at District and broadcast a report based on his complaints. In July 1996 District placed him on paid administrative leave and in November 1996 District informed him of its decision to dismiss him from his employment; he taught in the auto collision repair and painting program of the Industry and Technology Division. After hearing before an administrative law judge, McMahon was terminated from employment with District in January 1998. McMahon alleged further that District's reasons for terminating him were pretextual and District was retaliating against him because of his public statements and disclosures with respect to District's false claims regarding student enrollment.
District demurred to the complaint on three principal grounds: the action was barred by the one-year statute of limitation; the action was barred by doctrines of res judicata and collateral estoppel; and the action was barred for failure to file a claim under the Tort Claims Act. In connection with the demurrer, District's request for judicial notice revealed that McMahon had filed three other lawsuits relating to his termination of employment with District. In February 1998 he had filed a petition for writ of mandate in the state superior court challenging the administrative law judge's affirmation of his termination and also a federal court action for damages for wrongful termination. The federal action was dismissed in July 1998, and an appeal from the dismissal was resolved in March 2000 by the Ninth Circuit in District's favor. In the state mandamus proceeding, a trial resulted in a judgment in District's favor, and an appeal from that judgment is currently pending.
Another prior false claim action against District, commenced by McMahon in 1993 and tried in July 2000, resulted in a judgment in favor of District; that judgment was affirmed on appeal in an unpublished opinion filed in August 2001 (McMahon v. El Camino College District (B145171)); review by the Supreme Court was denied. In the latter action, the Court of Appeal upheld a ruling denying McM
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