Terris

Terris v. Cnty. of Santa Barbara

Good Law
20 Cal. App. 5th 551·229 Cal. Rptr. 3d 407
Court of Appeal of CaliforniaFebruary 16, 20182d Civ. No. B268849California2,973 words

Opinion

lead Opinion

Gilbert, J.

*409 *553 Campbell v. Regents of University of California (2005) 35 Cal.4th 311 , 25 Cal.Rptr.3d 320 , 106 P.3d 976 holds that public employees must pursue appropriate internal administrative remedies before filing a civil action against their employer. Labor Code section 244 does not require a litigant to exhaust administrative remedies before bringing a civil action. 1 Here we hold section 244 applies only to claims before the Labor Commissioner. It has no effect on the Campbell rule.

Plaintiff Shawn Terris appeals a summary judgment in favor of her former employer, defendant County of Santa Barbara (County), in her wrongful termination action. We conclude, among other things, that: 1) Terris did not exhaust her administrative remedies on her claims that the County terminated her job to discriminate against her in violation of sections 1101, 1102, and 1102.5; [ [2) there are no triable issues of fact on Terris's claim that she was terminated because of her sexual orientation ( Gov. Code, § 12940, subd. (a), Fair Employment and Housing Act (FEHA) );] ] but 3) the trial court erred by awarding the County costs on the FEHA cause of action. We affirm in part and reverse in…

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