California Court of Appeal

Sustaining of demurrer to FEHA complaint is vacated as trial court erred in holding that unrepresented employee must serve a copy of her FEHA complaint upon her employer within 60 days of filing with the DFEH as a jurisdictional prerequiste to filing a FEHA civil claim in court. Government Code section 12962 only imposes a service requirement upon FEHA claims that are submitted to the DFEH for "investigation," and not in cases such as this one where employee elected a civil action and requested a right-to-sue letter rather than investigation.

Appellate Information

• Decided 06/16/2006
• Published 06/16/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Danz & Gerber, Stephen F. Danz and Fernando A. Vicente, Los Angeles, for Petitioner., Eli M. Kantor, Beverly Hills, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.