California Court of Appeal

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Ortega v. Contra Costa Cmty. College Dist., A113341, A114313

In suits under FEHA challenging plaintiff's demotion as head football coach and his termination, dismissals of complaints for failure to exhaust administrative remedies provided in the collective bargaining agreement are reversed where, since defendant's internal grievance procedures were created by a collective bargaining agreement and culminated in an arbitration, neither administrative nor judicial exhaustion applies to bar plaintiff's claims.

Appellate Information

  • Decided 11/09/2007
  • Published 11/09/2007

Judges

  • SIMONS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Sundeen Salinas & Pyle and Robert Salinas, Oakland;  Leah Hess for Plaintiff and Appellant., Patricia A. Shiu, San Francisco, Sharon Terman and Professor Joseph Grodin, College of Law for the Legal Aid Society-Employment Law Center as Amicus Curiae on behalf of Plaintiff and Appellant., Weinberg, Roger & Rosenfeld and Stewart Weinberg, Alameda, for United Faculty of Contra Costa Community College District as Amicus Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Shupe and Finkelstein and John A. Shupe, San Mateo, for Defendant and Respondent.
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