Department of Fair Employment & Housing v. Superior Court

This petition challenges trial court denial of administrative discovery in connection with enforcement of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq., formerly the California Fair Employment Practice Act, Lab. Code, § 1410 et seq. and the California Fair Housing Law, Health & Saf. Code, § 35700 et seq.) In essence the trial court denied discovery because it perceived procedural defects in petitioner’s efforts. We have concluded that the trial court erred in its ruling and that discovery should have been permitted.

*151 In response to a tenant’s allegations of racial slurs and a racially motivated eviction, petitioner, the Department of Fair Employment and Housing (hereinafter the Department) filed and served an administrative complaint against Fermar, Inc., and Dick Ferguson. 1 That complaint, No. FHL 79-80 G6-007, as amended to substitute Penco Associates for Fermar, Inc., has been pending since October 9, 1979. In accordance with the procedures for administrative discovery, the Department has twice sought superior court orders enforcing requests for discovery. This petition challenges trial court refusal to order Dick Ferguson to respond…