Resolute attorneys are experienced in whistleblower matters and are committed to upholding the integrity of this important area of employment law—whether representing employers or genuine whistleblowers.  As a result, we closely follow emerging law on whistleblower cases. 

In Lampkin v. County of Los Angeles (2025) 112 Cal.App.5th 920, reh’g denied (July 25, 2025), the County of Los Angeles successfully asserted the “same-decision defense” in a whistleblower retaliation case under California Labor Code section 1102.5.

Plaintiff D’Andre Lampkin, a deputy with the Los Angeles County Sheriff’s Department, alleged retaliation after reporting an interaction with retired deputy Michael Reddy. He claimed that friends of Reddy within the department retaliated against him, including suspending and terminating his medical benefits.

The jury found that Lampkin had engaged in protected whistleblowing activity and that it was a factor in the County’s actions. However, the jury also concluded that the County would have taken the same actions for legitimate, independent reasons—establishing a complete defense under section 1102.6. As a result, no damages were awarded. 

Without the same decision defense, a plaintiff “could succeed in any case where a protected disclosure affected the employer’s decision in any way, ‘lead[ing] to liability based on nothing more than passing remarks unrelated to the disputed employment decision.’”

On appeal, the County argued that Lampkin had not brought a “successful action” under section 1102.5(j), as he obtained no relief. The appellate court agreed, holding that the County was the prevailing party entitled to recover its costs.