Valles

MEMORANDUM **

Plaintiffs-Appellants, Esteban Valles, Esteban Valles, Jr., Raymond Galaviz, Nino De Franco, and Liza Ramirez (collectively, “Appellants”) filed a complaint in state court alleging that Defendant-Appellee, Twentieth Century-Fox Film Corporation (“Twentieth Century”) violated the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12940, by discriminating against them on the basis of race and national origin in terminating their employment. 1 Twentieth Century removed the action to federal court on the ground that Appellants’ claims were preempted by § 301 of the Labor Management and Relations Act (“LMRA”), 29 U.S.C. § 185 (a). It then moved to dismiss the action or, alternatively, for summary judgment, contending that the action was barred by the LMRA’s statute of limitations. The district court dismissed the action and Appellants appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

We have consistently held that state discrimination claims brought under FEHA are not preempted by the LMRA. See, e.g., Jimeno v. Mobil Oil Corp., 66 F.3d 1514, 1522-28 (9th Cir.1995) (concluding that the LMRA did not preempt a state law claim…