Blum

Blum v. Superior Court

Good Law

141 Cal. App. 4th 418·2006 Cal. App. LEXIS 1082·2006 Daily Journal DAR 9321·45 Cal. Rptr. 3d 902·2006 Cal. Daily Op. Serv. 6433

Court of Appeal of CaliforniaJuly 17, 2006B189560California3,986 words

Opinion

Woods, J.

Barry Blum sued Copley Press, Inc., Daily Breeze and Vicki Tally for wrongful termination. The operative pleading, the first amended complaint (FAC), contained 22 causes of action; 12 of which asserted various violations of the FEHA (the California Fair Employment and Housing Act, Gov. Code, § 12900 et seq. ); the other 10 asserted parallel public policy violations. The court sustained without leave to amend defendants’ demurrer to the FEHA causes of action on the basis Blum’s attorney, not Blum, had verified the discrimination complaints filed with the Department of Fair Employment and Housing (DFEH). The issue presented by this writ petition is whether a DFEH complaint must be verified by the complainant or whether an attorney may verify the complaint. We conclude an attorney may verify a DFEH complaint for his or her client.

FACTUAL BACKGROUND

On May 5, 2005, plaintiff filed complaints of discrimination with the DFEH against Copley Press, Inc., Daily Breeze, Caryn Ratcliff, Vicky Tally and Kevin McCarthy.

On May 5, 2005, plaintiff filed this action against the same parties. In general, the complaint alleged that plaintiff was wrongfully terminated because of his…

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