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Tatyana E. Drevaleva v. California Department of Industrial Relations

Paid petition · Supreme Court of California, No. S260407


Certiorari denied · December 14, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does Governmental Entity the California Department of Industrial Relations (DIR) have a right to file a Special Motion to Strike my Complaint (an antiSLAPP1 Motion, C.C.P. §425.16) asserting that my Complaint violated the Entity’s First Amendment right for free speech and petitioning if I filed a Complaint for Libel committed by the Entity regarding the reasons of the termination of my employment from Alameda Health System (AHS)? Specifically, the DIR, the Division of Labor Standards Enforcement (DLSE) said in its December 29, 2016 Determination Letter that I was properly fired from my job at Alameda Health System (AHS) for committing medical negligence towards the patient whereas my former employer AHS never said that I had committed medical negligence towards the patient?

  2. Does Governmental Entity the California Department of Industrial Relations (DIR) have a right to claim absolute Governmental immunity for discretionary acts pursuant to pursuant to Gov. Code §§ 815.2(b); 820.2; 821.6; 818.8, and to assert privilege pursuant to Civil Code §47(b) if my Complaint arose from breach of the DIR’s mandatory duty (Gov. Code §815.6) to investigate my both wage claim and my retaliation and unlawful termination claim as outlined at the California Labor Code §98.7: SLAPP is an acronym of the “Strategic Lawsuit Against Public Participation.” Page 2 of 64

Counsel of record

For petitioner
Tatyana E. Drevaleva

For respondent
Janill L. Richards
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 22 2021
    Rehearing DENIED.
  2. Jan 27 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 08 2021
    Petition for Rehearing filed.
  4. Dec 14 2020
    Petition DENIED.
  5. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  6. Nov 18 2020
    Waiver of right of respondent California Department of Industrial Relations to respond filed.
  7. Sep 14 2020
    Petition for a writ of certiorari filed. (Response due December 7, 2020)