Finander

Finander v. Los Angeles Unified School District

Good Law
320 F. App'x 821
United States Court of Appeals for the Ninth CircuitApril 3, 2009No. 07-55586California335 words

Opinion

Lead Opinion

MEMORANDUM **

Following final judgment, Marlene and Brian Finander appeal pro se from separate orders dismissing claims against United Teachers of Los Angeles (“UTLA”) for lack of jurisdiction; denying a preliminary injunction against Los Angeles Unified School District (“LAUSD”); and imposing discovery sanctions. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The district court properly determined that all claims against UTLA but the California Fair Employment and Housing Act claim were unreviewable because the claims fell within the exclusive initial jurisdiction of the California Public Employment Relations Board (“PERB”), and the Finanders failed to show a factual or legal basis for an exception to the jurisdictional rule. See Anderson v. Cal. Faculty Ass’n, 25 Cal.App.4th 207 , 31 Cal.Rptr.2d 406, 409 (1994) (stating that claims based on failure or refusal of a union to pursue grievances on employee’s behalf fall within PERB’s jurisdiction); Ass’n of Am. Med. Colls. v. United States, 217 F.3d 770 , 778 (9th Cir.2000) (reviewing de novo dismissal for lack of jurisdiction).

The district court did not abuse its discretion by imposing discovery sanctions given…

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