Summary
In Hager v. County of Los Angeles ((Apr. 22, 2010, B208941) [nonpub. opn.]) (Hager I), we held that plaintiff Darren Hager could pursue his whistleblower retaliation lawsuit against his employers, defendants the County of Los Angeles and the Los Angeles County Sheriff's Department (collectively, County).
Summary of this case from Hager v. County of Los AngelesOpinion
Los Angeles County Super. Ct. No. BC370326
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
Good cause appearing, the opinion in the above entitled matter, filed on March 25, 2010, Not For Publication, is hereby modified as follows:
(1) Delete the two paragraphs starting with the third paragraph on page 15 through the end of the first full paragraph on page 16.
(2) Delete the two sentences on page 18, line 12, starting with “Then, the burden shifts to the employer to demonstrate” to the end of the paragraph, and replace with:
Then, the burden shifts to the employer to offer a legitimate nondiscriminatory reason for the adverse employment action. (Morgan v. Regents of University of California, supra, 88 Cal.App.4th at p. 68.) Finally, the burden returns to the plaintiff to prove that the employer’s proffered reason was a pretext to mask an illegal motive. (Ibid.; Mokler, supra.)
The petition for rehearing is denied.
There is no change in the judgment.