Cardenas v. M. Fanaian, D.D.S.: Supreme Court Dismisses Labor Code Section 1102.5 Retaliation Case

In Cardenas v. M. Fanaian, D.D.S., Inc. (Cal.App. 10/1/15) (discussed here), the Court of Appeal held as follows: a retaliation action under Labor Code section 1102.5 exists independently of, and does not depend upon, an action for wrongful termination in violation of public policy; section 1102.5 does not require the employee to show that the allegedly illegal activity violates a policy that "inures to the benefit of the public at large rather than to a particular employer or employee;" and section 1102.5 also does not require the employee to show that the alleged illegal activity involved wrongdoing by the employer.

The California Supreme Court granted review on December 16 (Case No. S230533). Apparently the parties have settled the case, because they asked the Supreme Court to dismiss it, and the Court, of course, agreed.

I am no appellate specialist, but I understand that the lower court's decision will remain unpublished. I do not know whether the Court of Appeal can republish the decision if it were so inclined. Maybe one of you can fill me in.