Guevara

A college district fires its police officer employee. The police officer files a federal civil rights action and petition for administrative mandamus in federal court. The federal district court dismisses the action without prejudice.

Here we hold the statute of limitations applicable to the state action was tolled under 28 United States Code section 1367 .

Plaintiff Larry Guevara appeals a judgment after the trial court sustained a demurrer without leave to amend on his wrongful employment termination action against defendants Ventura County Community College District (the District), the Personnel Commission of the Ventura County Community College District (the Commission), James Botting, James Mesnek, Bill Studt and Sue Johnson. We conclude, among other things, that Guevara’s action is not barred by the statute of limitations. It was filed within the 30-day federal tolling period for civil rights actions ( 42 U.S.C. § 1983 ) which have been dismissed because they were filed prematurely in federal court. ( 28 U.S.C. § 1367 (d).) We reverse.

FACTS

Guevara was a police officer employed by the District. He was also the president of the Ventura County Community College…