Craig

Plaintiff James Craig, Jr., appeals from the order of dismissal on his causes of action for fraud, intentional infliction of emotional distress and employment discrimination against defendants County of Los Angeles, Los Angeles County Sheriff’s Department, Thomas Sherrill, Victor Adorian, and the department of small craft harbors (collectively referred to as respondents). We hold the trial court erroneously concluded these causes of action were barred by the doctrine of res judicata. We therefore reverse.

Statement of Facts and Proceedings Below

Appellant was hired for the position of harbor patrol officer I in 1967. He did not pass the sheriff’s academy’s training requirements and was discharged.

In 1970 appellant was rehired and completed the requisite training. However, he was discharged on the last day of his probation. Appellant unsuccessfully appealed the discharge, alleging racial discrimination.

In 1979, appellant again applied for the position of harbor patrol officer I. When he received a failing score in his oral interview, appellant appealed to the civil service commission (the Commission) which ordered the department of beaches and harbors (the…