Vera

INTRODUCTION

Daniel Vera sued his former employer, Imperial Valley Housing Authority (IVHA), and alleged disability discrimination and failure to prevent discrimination in violation of the California Fair Employment and Housing Act (FEHA). Vera appeals from the judgment entered after the trial court sustained IVHA’s demurrer without leave to amend based on judicial notice of a letter from the Personnel Committee of IVHA’s Board of Commissioners (Committee). The letter confirmed the decision to terminate Vera’s employment and informed him of the Committee’s findings following a grievance hearing, including that he was unable to perform the essential functions of his position and there were no reasonable accommodations that would enable him to do so. Relying on the contents of the letter, the trial court concluded Vera’s FEHA action was collaterally estopped by the Committee’s decision and was also barred by his failure to exhaust judicial remedies. On appeal, Vera contends the trial court erred by sustaining IVHA’s demurrer because the Committee’s letter failed to establish the grievance hearing was a quasi-judicial proceeding that would trigger collateral estoppel or the…