Johnson v. Kaiser Foundation Hospitals CA2/4
In the underlying action, appellant Gisele Johnson asserted claims against respondents Kaiser Foundation Hospitals (Hospitals) and Kaiser Foundation Health Plan, Inc. (Health Plan) for retaliation and wrongful termination in violation of public policy. The trial court granted summary judgment in respondents’ favor on the claims, concluding that it lacked jurisdiction over them under the preemption doctrine enunciated in San Diego Bldg. Trades Council et al. v. Garmon (1959) 359 U.S. 236 (Garmon). Johnson challenges that ruling, contending that her claims are not subject to Garmon preemption, that the prior overruling of a demurrer asserting Garmon preemption barred the grant of summary judgment, and that the judgment, as entered, improperly prohibits her from litigating her claims before the National Labor Relations Board (NLRB). We affirm the judgment.
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