Equal Employment Opportunity Commission v. Harris Farms Inc.

MEMORANDUM *

Harris Farms appeals the district court’s denial of its motion to dismiss Olivia Tamayo’s claims under the California Fair Employment and Housing Act (FEHA) as untimely, and further appeals the district court’s denial of its motions for judgment as a matter of law and for a new trial. Tamayo appeals the amount of attorney’s fees awarded to her counsel. We affirm.

I

The district court did not err in refusing to dismiss Tamayo’s request to intervene. See EEOC v. Farmer Brothers Co., 31 F.3d 891, 902-03 (9th Cir.1994). It does not appear that Tamayo ever received a notice from the Equal Employment Op *514 portunity Commission (“EEOC”) informing her of her right to sue within ninety days. Accordingly, the ninety-day clock for Tamayo’s lawsuit never began to run. See Missirlian v. Huntington Mem’l Hosp., 662 F.2d 546, 549-550 (9th Cir.1981) (holding that a Title VII plaintiff is entitled to a clear indication of when the ninety-day period commences); see also Payan v. Aramark Mgmt. Servs. Ltd., 495 F.3d 1119, 1121 (9th Cir.2007); Scholar v. Pac. Bell, 963 F.2d 264, 266 (9th Cir.1992); Lynn v. Western Gillette, Inc., 564 F.2d 1282, 1286 (9th Cir.1977) (“[T]he ninety-day…