Fair Employment & Housing Commission v. Superior Court

Petitioner Fair Employment and Housing Commission (the Commission) seeks a peremptory writ of mandate directing respondent Los Angeles County Superior Court to vacate its order overruling the Commission’s demurrer in favor of petitioners in the underlying action and real parties Las Brisas Apartments, Ltd. Partnership (Las Brisas) and Pico Union Housing Corporation (Pico), a general partner of Las Brisas. We conclude that Las Brisas and Pico failed to file the underlying petition within the 30-day statute of limitations set forth in Government Code section 11523 and order the trial court to vacate its order overruling the Commission’s demurrer and to enter an order sustaining the demurrer.

FACTS AND PROCEDURAL HISTORY

Las Brisas and Pico own real property consisting of an apartment complex located in Los Angeles, California.

On January 6, 2000, tenants Richard McKinney and Barbara Tyler-McKinney (the McKinneys) filed two complaints with the Department of Fair Employment and Housing (the Department) against Las Brisas and Pico, alleging race and family status discrimination under the Fair Employment and Housing Act (§ 12900 et seq.) (the FEHA) on behalf of themselves…