McGinest

MEMORANDUM ***

One cause of action for employment discrimination split into two suits — one filed in state court and one in federal court— raises a question of waiver of res judicata when the first suit went to final judgment.

On December 23, 1999, Plaintiff George McGinest filed a federal action naming his employer GTE Service Corp. (nka Verizon California, Inc.) (hereinafter “Verizon” or “Defendant”) and a supervisor as Defendants. Plaintiff, who is African-American, alleged violations of Title VII. The day before filing the federal lawsuit, Plaintiff filed suit in the Superior Court of Los Angeles County naming the same two defendants and also alleging discrimination, but in violation of the California Fair Employment and Housing Act (“FEHA”). On appeal, Plaintiff does not dispute that the two cases split a single cause of action. The only issue is whether Verizon waived its opportunity to raise a res judicata defense.

On October 11, 2000, the district court granted summary judgment dismissing the federal case. On January 28, 2002, the state court granted summary judgment dismissing the state case. The state court ruling was also based on the evidence presented on summary…