Terris v. County of Santa Barbara CA2/6

Filed 7/24/13 Terris v. County of Santa Barbara CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

SHAWN TERRIS, 2d Civil No. B242390 (Super. Ct. No. 1339241) Plaintiff, Cross-Defendant and (Santa Barbara County) Appellant,

v.

COUNTY OF SANTA BARBARA,

Defendant, Cross-Complainant and Respondent.

The County of Santa Barbara (County) appeals from an order granting Shawn Terris's special motion to strike its cross-complaint under the anti-SLAPP statute. (Code Civ. Proc., § 425.16.)1 The County contends the trial court erred as a matter of law when it granted the motion to strike, because the County demonstrated a probability of prevailing on its claim that Terris's wrongful termination lawsuit violates the parties' agreement to release all claims based on each other's pre-2006 conduct. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Terris worked for the County for 13 years, until 2009. Previous disputes between the County and Terris in 2003, 2006, and 2007 were resolved by settlement

1 All statutory references are to the Code of Civil Procedure unless otherwise stated.

agreements which allowed for her continued employment and included a mutual release of any claims based wholly or in part on any conduct arising from pre-2006 conduct. The parties agreed "not to commence or maintain any administrative or judicial proceeding against the other on any claim based wholly or in part on any conduct by the other occurring at any time prior to the signing of the Agreement" in December 2006. In 2009, the County terminated Terris. After exhausting administrative remedies, Terris filed this lawsuit in which she alleges that the County terminated her in retaliation for her political activity in organizing managers, especially in her capacity as a trustee of the board of the Santa Barbara County Employees Retirement System (SBCERS). She also alleges that her sexual orientation was a significant motivating factor in the County's decision to terminate her. Terris's third amended complaint asserts five causes of action:2 (1) a cause of action for violation of Labor Code section 1101 in which she alleges that the County ". . . prevented her from holding her elected office as a Retirement Board Trustee by terminating her employment"; (2) a cause action for violation of Labor Code section 1102 in which she alleges that the "County coerced and/or influenced her political activity as a Retirement Board Trustee by terminating her employment"; (3) a cause of action for violation of Labor Code section 1102.5 in which she alleges she reported the County's statutory and regulatory violations throughout her employment and that the County "retaliated against her for complaining about and enforcing her rights . . . by terminating her employment"; (4) a cause of action for violation of the FEHA in which she alleges that the fact that the County "regarded her as [a] lesbian was a motivating factor in [County's] decision to terminate her employment"; and (5) a cause of action in which she petitions for a writ of mandate commanding the County to reinstate her on the grounds that it "terminated [her] in violation of her [statutory rights] . . . to organize County managers."