Balloon

The sole question presented by this writ petition is whether running of the one-year period allowed by Government Code section 12960 for the filing of an administrative complaint under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) was tolled during the plaintiff’s minority by application of Code of Civil Procedure section 352, or on equitable grounds. We hold it was not.

Petitioners, Walter Balloon, WVB Enterprises, Inc., and Foodmaker, Inc., collectively doing business as Jack In The Box, and Hargit Singh (hereafter defendants), are the former employers and supervisors of Tiffany Rodway, real party in interest (hereafter plaintiff). Plaintiff’s complaint in the underlying superior court action seeks damages for alleged sexual harassment and discrimination in her employment, in violation of the FEHA. Defendants moved for summary judgment on the ground that plaintiff had not exhausted her administrative remedies. They contended that she failed to comply with the requirement of Government Code section 12960 that she file a complaint with the Department of Fair Employment and Housing (DFEH) within one year after the last alleged unlawful…