Legal Opinion

Centner v. Stout

Court of Appeals for the Ninth Circuit

Decided February 29, 2008No. Nos. 06-55712, 06-55749Published

1Opinion of the Court

MEMORANDUM *

Frankie Centner appeals and Clyde Boyd cross-appeals from the district court’s judgment. We affirm.

Under California’s Fair Employment and Housing Act, “exhaustion of the administrative remedy is a jurisdictional prerequisite to resort to the courts.” Okoli v. Lockheed Technical Ops. Co., 36 Cal. App.4th 1607, 1613, 43 Cal.Rptr.2d 57 (1995). “Allegations in the civil complaint that fall outside of the scope of the administrative charge are barred for failure to exhaust.” Rodriguez v. Airborne Express, 265 F.3d 890, 897 (9th Cir.2001). Here, Centner’s FEHA complaint made no mention…

2Cases cited10 opinions

Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
Garcetti v. CeballosSupreme Court of the United States · 2006
Annette Thomas v. City of Beaverton Linda Adlard Sandra MillerCourt of Appeals for the Ninth Circuit · 2004
Hyland v. WonderCourt of Appeals for the Ninth Circuit · 1992
Carrie Tritchler v. The County of Lake, the Superior Court in and for the County of Lake, and Lee B. PooleCourt of Appeals for the Ninth Circuit · 2004

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