Burwell v. County of Los Angeles
Plaintiff Ernest Burwell appeals from a grant of summary judgment on Burwells complaint for wrongful termination in violation of public policy, violation of Labor Code section 1102.5, and wrongful discipline in violation of public policy. The trial court granted summary judgment because Burwell did not exhaust administrative remedies before filing his complaint. Burwell has failed to provide a record on appeal adequate to review the lower courts rulings, and has not shown that the trial court erroneously struck a declaration Burwell untimely filed with his new trial motion. Thus Burwell provides no evidence showing that a triable issue of fact existed as to whether he had no available internal administrative remedy, whether pursuit of such administrative remedy would be inadequate, futile, or cause irreparable injury, and whether he satisfied the internal grievance procedures available to him. Burwell also fails to show that his section 1102.5 claim was exempt from the requirement that he exhaust administrative remedies before proceeding to suit. Court affirm the judgment for defendants.
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