Hall

Hall v. Goodwill Industries of Southern California

Good Law
123 Cal. Rptr. 3d 274·193 Cal. App. 4th 718·2011 Cal. App. LEXIS 304·111 Fair Empl. Prac. Cas. (BNA) 1502
Court of Appeal of CaliforniaMarch 16, 2011No. B215860California5,021 words

Opinion

Lead Opinion

Bigelow, J.

Plaintiff and Appellant Michael Hall filed suit against Goodwill Industries of Southern California (Goodwill) alleging a retaliation claim under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), and wrongful termination. The trial court granted summary judgment to Goodwill on the ground that Hall’s action was barred by the statute of limitations. The court subsequently denied Hall’s motion for *721 a new trial based on a claim that newly discovered evidence permitted the court to apply equitable tolling principles to the limitations period. We conclude that the one-year limitations period set forth in Government Code section 12965, subdivision (b) (section 12965(b)) began to run as of the date of the right-to-sue notice issued to Hall and, as a result, Hall’s complaint was untimely filed. We further conclude the trial court properly denied Hall’s motion for a new trial because he did not present any newly discovered evidence in support of the motion.

FACTUAL AND PROCEDURAL BACKGROUND

On December 2, 2004, Hall filed a complaint with the Department of Fair Employment and Housing (DFEH or department). Hall alleged that after he supported a…

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