Zumel

Zumel v. United States Post Office

Good Law
72 F. App'x 552
United States Court of Appeals for the Ninth CircuitJuly 24, 2003No. 02-16643; D.C. No. CV-01-20884-JF(PVT)California400 words

Opinion

Lead Opinion

MEMORANDUM **

Anita Zumel appeals pro se the district court’s judgment dismissing with prejudice her action alleging violations of various federal and California civil rights statutes. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both a dismissal on statute of limitations grounds, Williamson v. General Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir.2000), and a dismissal for lack of subject matter jurisdiction, Sommatino v. United States, 255 F.3d 704, 707 (9th Cir.2001). We may affirm a dismissal on any ground supported by the record. Vestar Dev. II v. General Dynamics Corp., 249 F.3d 958, 960 (9th Cir.2001).

The district court properly dismissed as time-barred Zumel’s California Fair Employment and Housing Act claims against her former employer and supervisors because she filed those claims in district court more than one year after the state agency issued its right-to-sue letter. See Cal. Gov.Code § 12965(b); Romano v. Rockwell Internat., Inc., 14 Cal.4th 479, 492 , 59 Cal.Rptr.2d 20 , 926 P.2d 1114 (1996). There was no basis for equitably tolling the statute of limitations because the state agency did not defer its investigation to the Equal Employment…

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