C.A. 4th;
D069526

The Fourth Appellate District reversed in part a judgment. In the published portion of its opinion, the court held that a former state university employee raised triable issues of fact as to whether she made complaints that constituted protected disclosures under California's Whistleblower Protection Act (CWPA).

Neuro-ophthalmologist Leah Levi worked as an assistant professor and residency program director for the department of ophthalmology at the University of California, San Diego. In 2012, department chair Robert Weinreb removed Levi as director of the residency program. In 2013, her university appointment was reduced by 50 percent, with a commensurate reduction in salary, because she was in “deficit,” meaning that her clinical practice was not generating sufficient income to cover her costs. Two male faculty members who were similarly in deficit did not have their salaries reduced. Levi resigned and filed suit against the university and Weinreb, alleging, among other things, retaliation in violation of the CWPA. Levi alleged she had previously filed complaints against Weinreb alleging he: (1) participated in deciding his wife's residency application, despite a conflict of interest; (2) made department decisions to favor his wife; (3) improperly funded his wife's internship; (4) retaliated against Levi based on his belief that she had filed these and other complaints against him; and (5) was generally a bully who intimidated people.