Centner

Centner v. Stout

Good Law
268 F. App'x 590
United States Court of Appeals for the Ninth CircuitFebruary 29, 2008Nos. 06-55712, 06-55749California600 words

Opinion

lead Opinion

MEMORANDUM *

Frankie Centner appeals and Clyde Boyd cross-appeals from the district court’s judgment. We affirm.

Under California’s Fair Employment and Housing Act, “exhaustion of the administrative remedy is a jurisdictional prerequisite to resort to the courts.” Okoli v. Lockheed Technical Ops. Co., 36 Cal. App.4th 1607, 1613 , 43 Cal.Rptr.2d 57 (1995). “Allegations in the civil complaint that fall outside of the scope of the administrative charge are barred for failure to exhaust.” Rodriguez v. Airborne Express, 265 F.3d 890, 897 (9th Cir.2001). Here, Centner’s FEHA complaint made no mention of the letter or of any retaliatory conduct based on the letter. Even the supplemental information she provided to the Department of Fair Employment and Housing failed to properly put the defendants or the Department on notice that she asserted a claim of retaliation based on her involvement with the letter. Centner therefore failed to exhaust that claim, and the district court committed no error in dismissing it. See id.

Centner signed the bankruptcy documents under penalty of perjury and stated therein that the value of this lawsuit was $3,424. At trial, however, Centner’s position was…

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