Sapronetti

INTRODUCTION

Patrick J. Sapronetti appeals from the judgment entered after the trial court sustained, without leave to amend, the demurrer filed by his former employer, the County of San Bernardino (the County), to his third amended complaint. The third amended complaint asserted a single claim for retaliation in violation of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). The trial court concluded Sapronetti failed to timely file his retaliation claim. Although the trial court properly sustained the County’s demurrer to the third amended complaint, we reverse the judgment and remand with directions. Sapronetti’s retaliation claim was primarily based on acts that occurred more than a year before he presented his retaliation claim to the California Department of Fair Employment and Housing (DFEH) and filed his original complaint. Those acts included the County’s decision in April 2009 to transfer Sapronetti from the adult supervision unit to the juvenile investigation unit. Because he failed to present his retaliation claim to the DFEH within a year of the alleged retaliatory conduct, the claim was time-barred to the extent it is based on those…