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Campbell v. L.A. Unified School Dist.(CA2/8 B320442, filed 5/1/24, pub. 5/21/24) Race Discrimination | Procedural Deficiencies

By May 22, 2024June 24th, 2024Uncategorized

In September 2021, John Sandy Campbell sued her former employer, the Los Angeles Unified School District, over events leading up to her dismissal in August 2017. 

The trial court sustained the District’s demurrer and gave Campbell leave to amend. 

Campbell’s amended complaint claims the District racially discriminated against her and retaliated against her for whistleblowing, in violation of Labor Code sections 1102.5 and 1106 and Government Code section 12940 (the Fair Employment and Housing Act (the Act)).  The District again demurred, arguing Campbell had not complied with the Government Code’s claim presentation requirement and the statute of limitations barred her cause of action under the Act. 

The trial court again sided with the District and sustained this demurrer without leave to amend on the basis of Le Mere v. Los Angeles Unified School District (2019) 35 Cal.App.5th 237 (Le Mere) and Government Code section 12965, subdivision (c)(1)(C).  Campbell did not provide a reporter’s transcript or a settled statement of the hearing. 

We independently review the trial court’s ruling and apply the familiar standard for demurrers.  (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 

The trial court was right.