Worsnop v. Dept. of General Services CA3

Filed 1/24/23 Worsnop v. Dept. of General Services CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

JAMES WORSNOP, C091167

Plaintiff and Appellant, (Super. Ct. No. 34-2014- 00169278-CU-CR-GDS) v.

DEPARTMENT OF GENERAL SERVICES, et al.,

Defendant and Respondent.

Plaintiff James Worsnop appeals from an order granting summary adjudication to his former employer, defendant Department of General Services (DGS), on his disability discrimination cause of action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et. seq.; statutory section citations that follow are found in the Government Code unless otherwise stated). He contends the trial court applied an incorrect statute of limitations to DGS’s pre-termination conduct, failed to apply the continuing violation doctrine for conduct that occurred outside the statutory period, and ignored alleged post-termination Labor Code violations.

1

We requested supplemental briefing on whether the appeal was timely filed. Having considered the parties’ supplemental briefs, we conclude that Worsnop failed to file his notice of appeal before the deadline to appeal expired. We therefore dismiss the appeal without reaching the merits of his appellate contentions. FACTS AND HISTORY OF THE PROCEEDINGS While working for DGS, Worsnop received several negative performance evaluations and other adverse employment actions. DGS terminated Worsnop effective June 30, 2011. A few months after he was terminated, Worsnop was diagnosed with a brain tumor. He underwent surgery to remove the tumor in October 2011. The day before his termination took effect, Worsnop filed an administrative complaint with the Department of Fair Employment and Housing (DFEH), alleging differential treatment and harassment, denial of a reasonable accommodation, and failure to engage in the interactive process. Worsnop also appealed his termination to the State Personnel Board (SPB). Worsnop and DGS verbally stipulated to settle the SPB appeal proceedings on April 6, 2012. Among other things, the parties agreed that Worsnop would withdraw his appeal and waive any right to pursue his appeal in exchange for DGS withdrawing the termination notice, reinstating him effective June 30, 2011, and placing him on administrative leave for one year from April 6, 2012, to April 5, 2013. Worsnop further agreed to resign from DGS, and he released any claim relating to the dispute that was settled and specifically waived Civil Code section 1542. Pursuant to the stipulated settlement, in April 2012 Worsnop resigned from DGS effective April 5, 2013. A month later, he filed a “Confirmation of Settlement Between Parties” with DFEH, stating that he had reached a “global settlement” with DGS that “required [him] to waive [his] DFEH claims, and release [DGS] from those claims,” and he requested that “DFEH and EEOC not proceed any further with [his] complaint.” Thereafter, DFEH closed Worsnop’s case and issued him a right-to-sue notice on