Michelle Jaureguito v. Feather River Community Colleg

MEMORANDUM

Michelle Jaureguito (“Jaureguito”), Paul Them (“Them”), and Laurel Wartluft (“Wartluft”) (collectively, “the Employees”) appeal the adverse summary judgment grant on their retaliation claims brought under Title IX and the California Fair Employment and Housing Act (“FEHA”) against Defendant-Appellee, Feather River Community College (“FRCC”). We vacate and remand.

The district court applied claim preclusion to the Employees’ Title IX and FEHA retaliation claims based on a California State Personnel Board (“SPB”) decision. On appeal, the Employees argued that claim preclusion did not apply because FRCC consented to litigation in multiple fora, and they could not raise their Title IX claim before the SPB. They argued that issue preclusion could not apply because the issues in each proceeding were not identical.

After the initial briefs were filed, we granted both parties leave to file supplemental briefs on relevant new developments. The Employees argued that the SPB decision cannot preclude their Title IX and FEHA retaliation claims because a California Superior Court has since vacated this decision, thus eliminating the basis for the district court’s application of…