Valdez

I concur in parts I and II of the majority opinion and in part III insofar as it holds the Los Angeles Police Department was properly dismissed as a defendant. However, I respectfully dissent from the majority’s holding Gates, Spencer and Taylor were improperly named as defendants in this action.

As the majority acknowledges, no California case has addressed the question whether a civil suit is permissible against a party not named in a complaint filed with the Department of Fair Employment and Housing. However, in Watson v. Department of Rehabilitation (1989) 212 Cal.App.3d 1271, 1288 [ 261 Cal.Rptr. 204 ] we took the view Government Code section 12960 1 should be liberally construed in terms of its pleading requirement. We held, therefore, the defendant was not prejudiced by the trial court’s admission of evidence showing examples of harassment beyond those contained in Ms. Watson’s administrative complaint. We construed the administrative complaint to provide the basis for an investigation into an employee’s claim of discrimination not as a “limiting device.” (Ibid.)

I believe we should apply the same liberality to Valdez’s claim we applied to Watson’s. Section 12960 requires…

This is an employment discrimination action brought by a former police officer against the Los Angeles Police Department, the City of Los Angeles and other defendants. The trial court granted defendants’ motion for summary judgment, and plaintiff appealed. For the reasons set *1048 forth below, we affirm as to all defendants except the City of Los Angeles and reverse as to the city.

Facts and Proceedings Below

Plaintiff Ernest Valdez joined the Los Angeles Police Department in December 1980 at the entry-level pay grade, Police Officer I. He advanced to Police Officer II in April 1982. Valdez made four unsuccessful attempts to advance to Police Officer III. These unsuccessful attempts form the gravamen of Valdez’s complaint of discrimination based on his Hispanic ancestry.

Advancement to Police Officer III is a three-step process. First, applicants are given a written examination. Those who pass the written examination are given an oral examination. Candidates who complete the oral examination are rated in one of four categories: outstanding, excellent, very good or satisfactory. The list of candidates eligible for promotion remains in effect for two years. Ordinarily,…

WOODS (Fred), J.

This is an employment discrimination action brought by a former police officer against the Los Angeles Police Department, the City of Los Angeles and other defendants. The trial court granted defendants' motion for summary judgment, and plaintiff appealed. For the reasons set forth below, we affirm as to all defendants except the City of Los Angeles and reverse as to the city.

Plaintiff Ernest Valdez joined the Los Angeles Police Department in December 1980 at the entry-level pay grade, Police Officer I. He advanced to Police Officer II in April 1982. Valdez made four unsuccessful attempts to advance to Police Officer III. These unsuccessful attempts form the gravamen of Valdez's complaint of discrimination based on his Hispanic ancestry.

Advancement to Police Officer III is a three-step process. First, applicants are given a written examination. Those who pass the written examination are given an oral examination. Candidates who complete the oral examination are rated in one of four categories: outstanding, excellent, very good or satisfactory. The list of candidates eligible for promotion remains in effect for two years. Ordinarily, a candidate in a…