Legal Opinion

Mitchell v. State Department of Public Health

California Court of Appeal

Decided July 27, 2016No. B265769PublishedCited by 11 opinions

1Opinion of the Court

Opinion

EPSTEIN, P. J.

Appellant Reginald Mitchell sued his former employer, respondent State Department of Public Health (the Department), for racial discrimination in violation of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). 1 The trial court dismissed the complaint after sustaining a demurrer on the statute of limitations ground. In this appeal from the judgment of dismissal, we find the allegations of the complaint are sufficient to establish a claim of equitable tolling, and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Mitchell was employed by the…

2Cases cited17 opinions

  1. Romano v. Rockwell International, Inc.California Supreme Court · 1996
  2. Miller v. Department of CorrectionsCalifornia Supreme Court · 2005
  3. Equal Employment Opportunity Commission v. Farmer Brothers Company, Defendant-Appellant-Cross-Appellee v. Diana Estrada, Plaintiff-Intervenor-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1994
  4. McDonald v. Antelope Valley Community College DistrictCalifornia Supreme Court · 2008
  5. Lantzy v. Centex HomesCalifornia Supreme Court · 2003

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3Cited by11 opinions

  1. McClain v. Sav-On DrugsCalifornia Court of Appeal · 2017
  2. City of Los Angeles v. City of Los Angeles Employee Relations BoardCalifornia Court of Appeal · 2016
  3. U.S. Equal Emp't Opportunity Comm'n v. PC Iron, Inc.District Court, S.D. California · 2018
  4. Citizens for Responsible etc. v. Department of TransportationCalifornia Court of Appeal · 2020
  5. City and County of San Francisco v. Purdue Pharma L.P.District Court, N.D. California · 2021

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