Porter, Scott, Weiberg & Delehant and Brendan J. Begley, Michael W. Pott and George A. Acero for Defendant and Appellant.
Law Office of Geraldine Armendariz and Geraldine Armendariz; Law Office of James A. Michel and James A. Michel for Plaintiff and Respondent.
Plaintiff Randy Vergos, who alleges he was sexually harassed in his employment at the University of California at Davis (UCD), filed a civil rights claim against the manager who denied his administrative grievances--defendant Julie McNeal (acting director of UCD's Facilities Services Department[1]). McNeal appeals from the trial court's order denying her motion to strike plaintiff's third cause of action (alleging violation of civil rights) as a â€
Description
Under anti SLAPP statute, statements and conduct by public employee in denying plaintiff's administrative grievances are protected against civil rights action attacking her hearing, processing and decision of his claim where plaintiff presented no evidence that employee violated his rights in her capacity as hearing officer, and employee stated in her declaration that she did not harbor any unlawful prejudice against plaintiff and denied his grievances based on her review of the investigator's report, her belief it was adequate, her agreement with its conclusions, and absence of any reason for her to believe the investigator harbored an unlawful prejudice against plaintiff.
