Hu
Hu v. Silgan Containers Corp.
Opinion
Opinion
Raye, J.
J.Plaintiff Kim Hu filed an action for employment discrimination against defendant Silgan Containers Corporation (Silgan). The trial court voided the action for failure to pay the filing fee. Hu eventually paid the fee and late charges, but the statute of limitations on her complaint had run. The trial court granted Silgan’s motion for judgment on the pleadings. Hu appeals contending the trial court erred in finding the clerk lost jurisdiction to reinstate the voided complaint, and by not equitably tolling the statute of limitations. We shall affirm the judgment.
Factual and Procedural Background
Hu exhausted her administrative remedies with the Department of Fair Employment and Housing and obtained a right to sue letter dated May 17, 1996. On May 8, 1997, Hu filed a complaint for damages for employment discrimination.
On May 28, 1997, the superior court clerk notified Hu by certified mail the bank had returned her check for insufficient funds. The letter informed Hu that she was required to pay the fee and late charges within 20 days of the receipt of the letter. The May 28, 1997, letter was returned to the clerk marked “unclaimed” by the post office.