Chinea-Varela

MEMORANDUM *

Migdia Chinea-Varela appeals the district court’s dismissal of her amended complaint alleging employment discrimination and retaliation against Columbia Broadcasting Systems, Inc. (“CBS”), the Writers Guild of America, West, Inc. (‘WGA”), and four named individuals. The district court dismissed her complaint without granting her leave to amend for failure to state a claim under Fed.R.Civ.P. 12(b)(6) and failure to comply with Fed.R.Civ.P. 8. Although Varela twice amended her complaint in response to suggestions by the defendants, she did not have the opportunity to amend her complaint in response to directions from the court. We reverse in part and affirm in part the district court’s dismissal with prejudice.

The district court erred by dismissing with prejudice Varela’s employment discrimination (disparate treatment and disparate impact) claims against CBS and the WGA under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000a et seq. and the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code §§ 12900-12996. A reading of Varela’s second amended complaint suggests that her alleged discrimination claims might be saved by…