Smith v. Alum Rock Union Elementary School District

Opinion

CAPACCIOLI, Acting P. J.

In an order granting defendants’ motion for summary adjudication, the trial court determined that “[p]laintiff cannot, as a matter of law, state a cause of action for age discrimination under California Government Code [section] 12941.” Plaintiff subsequently dismissed her action and filed this appeal. She asserts that she stated a cause of action under Government Code section 12941 and that the statute’s exceptions clause was inapplicable because the statute mandating the discrimination, Education Code section 23902, conflicted with federal law in violation of…