Canfield

Canfield v. Mallinckrodt Inc.

Good Law
213 F. App'x 554
United States Court of Appeals for the Ninth CircuitDecember 18, 2006No. 04-56838California339 words

Opinion

Lead Opinion

MEMORANDUM **

John Canfield appeals the district court’s judgment in favor of Mallinckrodt, Inc. on his claims under the California Fair Employment and Housing Act, Cal. Gov.Code § 12900 et seq., and the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Canfield failed to exhaust his state administrative remedies as his second complaint was untimely, relied upon different facts, and asserted a different theory of discrimination from his first complaint. Accordingly, it was not “like or related to” the timely-filed complaint. Okoli v. Lockheed Tech. Operations Co., 36 Cal.App.4th 1607, 1615 , 43 Cal.Rptr.2d 57 (1995); see Rodriguez v. Airborne Express, 265 F.3d 890, 896-97 (9th Cir.2001).

Whether or not equitable estoppel or equitable tolling are available under California law, cf. Williams v. City of Belvedere, 72 Cal.App.4th 84, 92-93 , 84 Cal. Rptr.2d 658 (1999), Canfield points to no facts showing fraudulent concealment above and beyond the wrongdoing upon which his complaint is based. See Santa Maria v. Pacific Bell, 202 F.3d 1170,1177-78 (9th Cir.2000). In any event, Canfield was aware that he had…

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