Asencio

MEMORANDUM **

Linda Asencio appeals the district court’s grant of summary judgment to Miller Brewing Company. We affirm the grant of summary judgment as to the claims Asencio brings under the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12900 et seq., but we reverse and remand the grant of summary judgment as to the claim under the California Unfair Competition Law, Cal. Bus. & Prof.Code § 17200 et seq.

A prerequisite to filing a civil complaint under FEHA is obtaining a right-to-sue letter from the Department of Fair Employment and Housing (“DFEH”). See Cal. Gov’t Code § 12965(b) (providing that the right-to-sue notice “shall indicate that the person claiming to be aggrieved may bring a civil action”) (emphasis added); Romano v. Rockwell Int’l, Inc., 14 Cal.4th 479 , 59 Cal.Rptr.2d 20 , 926 P.2d 1114, 1121 (1996) (stating that an employee suing pursuant to FEHA “must obtain from the [DFEH] a notice of right to sue in order to be entitled to file a civil action”); Rojo v. Kliger, 52 Cal.3d 65 , 276 Cal.Rptr. 130 , 801 P.2d 373, 384 (1990) (“[W]e have stated that the right-to-sue letter is a prerequisite to judicial action.”). Because Asencio did not…