In Campbell v. Los Angeles Unified School Dist., ordered published May 21, 2024, the Second District Court of Appeal, Division 8 affirmed the dismissal of an employment lawsuit on demurrer. In 2021, the plaintiff sued her former employer over events leading to her 2017 dismissal. She alleged that the school district employer racially discriminated against her, and retaliated against her for whistleblowing in violation of Labor Code sections 1102.5 and 1106 and FEHA. After sustaining a demurrer with leave to amend, the trial court sustained a demurrer to the amended complaint on the grounds that it was barred by the plaintiff's failure to present a claim for damages before suing, and by the statute of limitations for FEHA causes of action.
The appellate court agreed. A plaintiff suing a public entity for damages must timely present a written claim to the entity before filing suit. Because the plaintiff sought punitive damages, she had to comply with the claim presentation requirement. She argued that she had previously submitted various racial discrimination and whistleblower complaints. But that is not enough. The record contained only the plaintiff's pre-complaint inquiry to the California Department of Fair Employment and Housing in 2017, and related correspondence. She did not show that any of her complaints went to the right people, or contained the information required by statute. Her amended complaint did not plead compliance with the claim presentation requirement. The FEHA cause of action is barred by the statute of limitations under Government Code section 12965, subdivision (c)(1)(C). After the plaintiff contacted the Department, the Department closed the case and provided her a Right to Sue notice in 2018. She had one year from the letter's issuance to file a civil action. She did not file suit until 2021. She failed to establish delayed discovery accrual. Her 2017 pre-complain inquiry named the administrators who committed transgressions against her and described the supposed racial animus and hostile workplace. She had enough information to file suit.
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