Discrimination Claims Were Barred By Statute Of Limitations
Acuna v. San Diego Gas & Elec. Co., 217 Cal. App. 4th 1402 (2013)
Esperanza Acuna filed three separate complaints against her employer (San Diego Gas & Electric) with the Department of Fair Employment and Housing ("DFEH"): One in March 2006 for racial discrimination and harassment and retaliation for filing a workers' compensation claim; one in February 2007 for disability discrimination; and one in October 2008 for retaliatory termination. Acuna filed her civil lawsuit in November 2009 (within one year of the date of the right-to-sue letter issued in response to her third DFEH complaint). SDG&E demurred to the complaint on the ground that it was barred by the one-year statute of limitations. The trial court sustained the demurrer without leave to amend and dismissed...
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