CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM v. THE SUPERIOR COURT
Where state employee claimed that he was forced to resign in retaliation for complaints of wrongdoing, filed administrative California Whistleblower Protection Act complaint, and was provided the opportunity to submit evidence, name witnesses, and argue his claim to State Personnel Board, he was provided with the type of quasijudicial hearing sufficient to satisfy Code of Civil Procedure Sec. 1094.5 even though the SPB was not required to provide an evidentiary hearing. Because Whistleblower Act did not clearly provide that a whistleblower could pursue alternative remedies and did require plaintiff to initiate administrative proceedings, he was collaterally estopped from relitigating in an action for damages findings--not challenged by mandamus petition--on issues that were litigated in the quasiadjudicatory proceedings.
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