California Court of Appeal
Austin v. Los Angeles Unified School Dist., 258406
In a lawsuit alleging wrongful discharge in violation of California's whistleblower statute, Lab. Code section 1102.5, discrimination based on race, gender and age in violation of California's Fair Employment and Housing Act (FEHA), Gov. Code section 12900 et seq., and unlawful harassment in violation of FEHA, the trial court's grant of summary judgment to school defendant and two of its employees is vacated and remanded where the court erred when it denied plaintiff's postjudgment motion for relief under Code of Civil Procedure section 473(b), because it had not been signed under penalty of perjury and, as a result, it failed to exercise its discretion to decide whether the judgment and order granting summary judgment should be set aside.
Appellate Information
- Published 2016/02/09
Judges
- PERLUSS
Court
- California Court of Appeal