Ruiz

*893 Opinion

Background of the Action

Richard A. Ruiz and his wife, Frances Gantong-Ruiz (hereinafter Ruiz and Gantong, respectively), were employed by the California Department of Corrections (Department). They filed suit against the Department and the Central California Women’s Facility (CCWF) for discrimination and harassment. The trial court entered a judgment on the pleadings against Ruiz for failing to exhaust his administrative remedies and a judgment for nonsuit against Gantong for failing to produce evidence of discrimination. The court also ordered plaintiffs to pay attorney fees and costs. In the published portion of this opinion, we will conclude Ruiz did exhaust his administrative remedies, and, accordingly, will reverse the judgment on the pleadings. In the unpublished portion of this opinion we shall reverse the judgment against Gantong, finding she did present sufficient evidence of discrimination to survive a motion for nonsuit. We shall also reverse the order for attorney fees and costs. Finally, we will affirm the trial court’s denial of the Department’s motion for summary judgment, an issue raised in a cross-appeal filed by the Department in the event we…