Ponce-Bran

Ponce-Bran v. Trustees of California State University & Colleges

Caution
1996 Cal. App. LEXIS 837·48 Cal. App. 4th 1656·56 Cal. Rptr. 2d 358·96 Daily Journal DAR 10651·96 Cal. Daily Op. Serv. 6532
Court of Appeal of CaliforniaAugust 29, 1996C021698California2,251 words

Opinion

Opinion

Davis, J.

The trial court denied the motion of in propria persona plaintiff Marco A. Ponce-Bran for appointment of counsel pursuant to 42 United States Code section 2000e-5(f)(1) in this employment discrimination action. The plaintiff appealed. Determining that an appeal does not lie from the order, we shall dismiss.

Background

The plaintiff commenced this action in 1991. In his second amended complaint filed in November of that year, he alleged employment discrimination based on a provision in the memorandum of understanding with defendant Trustees of the California State University and Colleges (Trustees) which “mandated the use of invalid student ratings” of his teaching performance as a temporary lecturer. He alleged bias on the basis of “race, color, ancestry, and ethnic origin [sic]” in relying on these “invalid student ratings to deny him employment, despite outstanding job performance . . . .” He also claimed there were materials in his personnel file which “showed plaintiff to be an undocumented alien . . . .” The first three “causes of action” asserted liability under the Fair Employment and Housing Act (Gov. Code, § 12940 et seq.) and the common law; the plaintiff…

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