Galisky v. County of Orange




Filed 3/9/11 Galisky v. County of Orange CA4/3






NOT TO BE PUBLISHED IN OFFICIAL REPORTS


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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JO ANN GALISKY, Plaintiff and Respondent, v. COUNTY OF ORANGE et al., Defendants and Appellants.

G042971 (consol. with G043277) (Super. Ct. No. 30-2009-00122880) O P I N I O N

Appeal from orders of the Superior Court of Orange County, Robert J. Moss, Judge. Affirmed.
Lewis Brisbois Bisgaard & Smith, LLP and Nancy E. Zeltzer and Gary M. Lape for Defendants and Appellants County of Orange, John Moorlach, and Jack Anderson.
The Petersen Law Firm, A Law Corporation, and Elizabeth A. Barker for Plaintiff and Respondent Jo Ann Galisky.
* * *
Defendants County of Orange, John Moorlach, and Jack Anderson (sometimes collectively referred to as County) appeal the trial court's orders denying their special motions to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16 (all further statutory references are to the Code of Civil Procedure, unless otherwise noted).[1] The trial court denied the motions, finding plaintiff Jo Ann Galisky's claims arose from the County's termination of her employment rather than any petitioning or free speech activity protected by the anti-SLAPP statute. We agree and affirm the trial court's orders.
I
Facts and Procedural History
The following factual summary is based on the allegations in Galisky's complaint. In 1984, Galisky joined the Orange County Sheriff's Department as a deputy sheriff. Before the County terminated her employment in February 2008, she rose through the ranks to the department's number two position, undersheriff.
In October 2006, John Chamberlain died while in custody at the Orange County Jail. At the time, Galisky served as assistant sheriff responsible for special services, which included finances, training, support services, personnel, and media relations. In January 2008, Galisky testified before a grand jury the Orange County District Attorney convened to investigate Chamberlain's death. According to Galisky, the district attorney convened the grand jury as a political move to discredit the sheriff's department and seize responsibilities from it.
Also in January 2008, Orange County Sheriff Michael Carona resigned his position due to alleged misconduct. Anderson assumed the acting sheriff position while the County searched for Carona's successor. Anderson informed Galisky he considered her a political liability due to her outspoken support of Carona and her homosexuality. Just a few days earlier, however, Anderson asked her to serve as his undersheriff if he became acting sheriff.
In February 2008, Anderson received a â€