Campbell v. L.A. Unified School Dist.

California Court of Appeal May 21, 2024 No. B320442Published

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Holding. The court held that the plaintiff's claims were properly dismissed because she failed to comply with the Government Claims Act's presentation requirements and her Fair Employment and Housing Act claim was time-barred.

Issues

Whether the plaintiff complied with the Government Claims Act's claim presentation requirement.
Whether the plaintiff's cause of action under the Fair Employment and Housing Act was barred by the statute of limitations.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Failing to present a timely claim, or to seek leave to file a late claim, bars the suit.”

“a complaint failing to allege facts demonstrating timely presentation of a claim or that such presentation was excused is subject to a general demurrer for not stating facts sufficient to constitute a cause of action”

“The notice told Campbell she had one year to file a civil action. Campbell did not sue until September 2021. Her suit was untimely.”

Filed 5/1/24; certified for publication 5/21/24 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

JOHN SANDY CAMPBELL, B320442

Plaintiff and Appellant, Los Angeles County Super. Ct. No. 21STCV33808 v.

LOS ANGELES UNIFIED SCHOOL DISTRICT,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael L. Stern, Judge. Affirmed. John Sandy Campbell, in pro. per., for Plaintiff and Appellant. Anthony Julian Bejarano, Marcos Fredrick Hernandez and Nazli Alimi for Defendant and Respondent. ____________________

In September 2021, John Sandy Campbell sued her former employer, the Los Angeles Unified School District, over events leading up to her dismissal in August 2017. The trial court sustained the District’s demurrer and gave Campbell leave to amend. Campbell’s amended complaint claims the District racially discriminated against her and retaliated against her for whistleblowing, in violation of Labor Code sections 1102.5 and 1106 and Government Code section 12940 (the Fair Employment and Housing Act (the Act)). The District again demurred, arguing Campbell had not complied with the Government Code’s claim presentation requirement and the statute of limitations barred her cause of action under the Act. The trial court again sided with the District and sustained this demurrer without leave to amend on the basis of Le Mere v. Los Angeles Unified School District (2019) 35 Cal.App.5th 237 (Le Mere) and Government Code section 12965, subdivision (c)(1)(C). Campbell did not provide a reporter’s transcript or a settled statement of the hearing. We independently review the trial court’s ruling and apply the familiar standard for demurrers. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The trial court was right. A plaintiff suing a public entity for damages must timely present a written claim to the entity before filing suit. (Le Mere, supra, 35 Cal.App.5th at p. 246.) Generally, this claim presentation requirement is an element of a valid cause of action against a public entity. (Willis v. City of Carlsbad (2020) 48 Cal.App.5th 1104, 1119 (Willis).) Government Code section 911.2, subdivision (a), requires a plaintiff to submit a government

Campbell v. L.A. Unified School Dist.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

JOHN SANDY CAMPBELL, B320442

LOS ANGELES UNIFIED SCHOOL DISTRICT,

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

B320442 JOHN SANDY CAMPBELL,

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