Mendoza

I.

Introduction

Appellant Peter T. Mendoza (Mendoza) sued the respondents Town of Ross (the Town) and David Fairbrother, its former director of public safety, for wrongful termination in breach of public policy and discrimination based on disability in violation of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; hereafter FEHA ). Mendoza appeals from the trial court’s dismissal of his first amended complaint after sustaining a general demurrer without leave to amend. In the published portion of this opinion, we conclude that the trial court correctly sustained the Town’s demurrer without leave to amend because Mendoza was an uncompensated volunteer and not an “employee” for purposes of imposition of liability for unlawful employment practices under FEHA. Accordingly, we affirm the trial court’s ruling as to the demurrer on this ground.

Mendoza further contends, for the first time on appeal , that his first amended complaint also states a cause of action on the theory that the Town violated section 11135, which prohibits discrimination in statute-supported programs and activities. Without considering the merit of any such claim under section…