Hovanec
Hovanec v. VAN NUYS AIRPORT RESTAURANT CORP.
Opinion
Opinion
CHARLES S. VOGEL, P.J.
Plaintiff and appellant Linda Hovanec appeals from a judgment of dismissal entered after the trial court sustained a demurrer to her second amended complaint without leave to amend. The trial court sustained the demurrer on the ground that plaintiff had failed to file an administrative complaint with the Department of Fair Employment and Housing ("DFEH") in a timely fashion as a prerequisite to filing the present civil action. (See Gov.Code, § 12960.) [1] We affirm the judgment.
Plaintiff alleged in her second amended complaint that she had been employed by 94th Aero Squadron Restaurant ("defendant") beginning in April 1993. [2] She informed defendant in September 1993 that she had previously worked at Black Angus Restaurant. During her employment at Black Angus, Mike Barnitz had been her manager; his actions led plaintiff to file a complaint of sexual discrimination against him. Subsequent to her employment by defendant, Barnitz became employed by defendant. Shortly thereafter, plaintiff was terminated for the stated reason that she had failed to inform defendant of her previous employment at Black Angus. Plaintiff was informed by letter dated March 31,…