Gowan

I. BACKGROUND

1 The Court begins with a brief explanation of the relevant legal principles before 2 summarizing the relevant facts, as an understanding of the legal framework informs which facts 3 are relevant to this dispute. 4 A. California’s Fair Employment and Housing Act (“FEHA”) 5 Ms. Gowan brings her discrimination, harassment, retaliation, and wrongful constructive 6 termination claim under California’s Fair Employment and Housing Act, Cal. Gov't Code §§ 7 12900 et seq., (“FEHA”). 3AC ¶¶ 19-36; 40-44. To avoid an impermissible extraterritorial 8 application of state law, a “crucial element” of a plaintiff’s claim must have occurred in 9 California. English v. Gen. Dynamics Mission Sys., Inc., 808 F. App’x 529, 530 (9th Cir. 2020) 10 (citing Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95, 119 (Cal. 2006)). 11 “In order to bring a civil action under FEHA, the aggrieved person must exhaust the 12 administrative remedies provided by law.” Yurik v. Superior Court, 209 Cal. App. 3d 1116, 1121 13 (Cal. Ct. App. 1989). “Exhaustion in this context requires filing a written charge with DFEH 14 [Department of Fair Employment and Housing] within one year of the alleged…