 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hartnell College v. Superior Court of Monterey County11/15/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. INTRODUCTION
In these original proceedings, Hartnell College petitions for a writ of mandate directing respondent court to vacate its order overruling Hartnell College's demurrer to the complaint filed by real party in interest Joseph Antonio, a former student in the Hartnell College nursing program, who alleges that Hartnell College violated the Unruh Civil Rights Act (Civ. Code, § 51 et seq.) by discriminating against him and humiliating him due to his mental disability. Hartnell College contends that the action is barred because real party in interest failed to allege compliance with the government claim filing requirement set forth in the California Tort Claims Act (Gov. Code, § 900 et seq.). We agree. Real party in interest's allegations that he filed a discrimination complaint with the California Department of Fair Employment and Housing and sent a grievance letter to Hartnell College seeking reinstatement to the nursing program are not sufficient to allege compliance with the government claim filing requirement, because neither document informed Hartnell College that a claim for monetary damages arising from discrimination and harassment existed that would result in a lawsuit if not satisfactorily resolved. Therefore, we will issue a peremptory writ of mandate directing respondent court to sustain the demurrer without leave to amend.
II. FACTUAL AND PROCEDURAL BACKGROUND
A. Procedural Background
Real party in interest Joseph Antonio (Antonio) filed his original complaint on February 2, 2001. The complaint alleged that Antonio was forced to withdraw from the nursing program at Hartnell College, a California community college, because he had been subjected to harassment and discrimination as a result of his mental disability of clinical depression. The complaint stated causes of action for unlawful discrimination in violation of the Unruh Civil Rights Act (Civ. Code, § 51) (Unruh Act), intentional infliction of emotional distress, negligent infliction of emotional distress, and invasion of privacy. Defendant Hartnell College demurred to the complaint on several grounds, including plaintiff's failure to allege compliance with the government claim filing requirement of the California Tort Claims Act (§ 900 et seq.) (Tort Claims Act).
In response to the demurrer, plaintiff filed a first amended complaint to which he added several new allegations, including the following paragraph: "Prior to the filing of this Complaint, plaintiff filed a grievance with Hartnell [College] for disability discrimination and complied with the Hartnell [College] grievance procedure. On or about May 1, 2000, plaintiff was issued a final administrative determination wherein Hartnell [College] acknowledged that plaintiff had exhausted his administrative remedies. A copy of the May 1, 2000, final administrative determination is attached hereto as Exhibit `A' and incorporated herein by reference."
Antonio further alleged in his first amended complaint that prior to filing a civil action he filed a complaint against Hartnell College with the Department of Fair Employment and Housing (DFEH) for violation of his civil rights under the Unruh Act and that he was issued a right-to-sue letter. The first amended complaint also stated, "Plaintiff's cause of action based on unlawful disability discrimination and ha
Page 1 2 3 4 5 6 7 8 9 10 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|