Carrasco

Carrasco v. City of Monterey Park

Good Law
18 F. Supp. 2d 1072·1998 WL 567945·1998 U.S. Dist. LEXIS 19060
United States District Court, Central District of CaliforniaSeptember 2, 1998CV 97-0287 DDP (SHx)California3,250 words

Opinion

Opinion

Pregerson, J.

ORDER

GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on the defendants’ motion for summary judgment. The defendants contend that the action is barred by the 90-day statute of limitations governing actions for employment discrimination under Title VII of the Civil Rights Act of 1964. See 42 U.S.C. § 2000e-5(f)(1). Having considered the contentions of the parties, the declarations submitted in favor of and in opposition to the motion, and the testimony of the plaintiff in an evidentiary hearing under Federal Rule of Civil Procedure 43(e), the Court concludes that no genuine issue of fact remains as to whether the plaintiffs claim accrued within the limitations period. The motion for summary judgment is therefore granted.

I. BACKGROUND

Plaintiff Ivan Carrasco (“Carrasco”) applied to be a Monterey Park firefighter on April 2, 1993. He alleges that he received the highest score on the entrance examination. Among the six finalists for the position, two were tied for the second highest score and three were tied for the third highest score. After the final six candidates were interviewed, three were chosen as firefighters. Carrasco alleges that…

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