California Court of Appeal

In suit alleging employment discrimination, summary judgment for defendant is reversed where: 1) under the established doctrine of equitable estoppel, plaintiff's untimely administrative complaint is not a bar to his action at law because he diligently pursued his administrative remedy and reasonably relied on the conduct of administrative officials in believing that the limitations period was not a concern; and 2) the judge pro tem erred in sustaining hearsay objections to the evidence documenting this conduct, because the plaintiff was not introducing it as proof of the matters asserted therein, but as proof of the basis for his failure to file a timely administrative complaint.

Appellate Information

• Decided 07/30/2007
• Published 08/29/2007

Judges

• DAVIS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Larry Lockshin, Esq., Larry Lockshin and Diana Esquivel for plaintiff and appellant.


• For Appellees:
  
• Randolph, Cregger & Chalfant, Thomas A. Cregger and Stephanie L. Quinn for defendant and respondent.