Hall v. Goodwill Industries of Southern California
123 Cal. Rptr. 3d 274
Cal. Ct. App.2011Background
- Hall filed a FEHA retaliation and wrongful termination claim with the DFEH on December 2, 2004.
- The DFEH issued a right-to-sue notice on December 24, 2004; Boyce received it December 31, 2004.
- Hall filed his civil complaint against Goodwill on December 30, 2005, more than one year after the notice.
- Section 12965(b) provides a one-year limitations period commencing from the date of the right-to-sue notice.
- The trial court and appellate court rejected equitable tolling based on newly discovered evidence; the complaint was untimely.
- Hall challenged the denial of his motion for a new trial based on asserted newly discovered evidence, which the court rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the one-year FEHA limit begin? | Hall contends it begins on receipt of the notice. | Goodwill argues it begins on the date of the right-to-sue notice. | The one-year period begins from the date of the right-to-sue notice. |
| Was equitable tolling due to newly discovered evidence warranted? | Hall asserts newly discovered evidence tolls the period. | Goodwill argues no tolling applies. | No tolling; newly discovered evidence failed to establish tolling. |
| Did the trial court abuse its discretion denying a new trial based on newly discovered evidence? | Hall asserts the evidence was newly discovered and material. | Goodwill contends it was not newly discovered and not material. | No abuse of discretion; evidence not newly discovered. |
Key Cases Cited
- Romano v. Rockwell Internal, Inc., 14 Cal.4th 479 (1996) (FEHA liberal interpretation to promote merits)
- McDonald v. Antelope Valley Community College Dist., 45 Cal.4th 88 (2008) (exhaustion of administrative remedies and right-to-sue notice)
- California Fed. Savings & Loan Assn. v. City of Los Angeles, 11 Cal.4th 342 (1995) (plain meaning governs statutory interpretation; notice language)
- Whaley v. Sony Computer Entertainment America, Inc., 121 Cal.App.4th 479 (2004) (plain meaning of 'from the date of the notice' interpreted)
- Ennabe v. Manosa, 190 Cal.App.4th 707 (2010) (liberal statutory construction; tolling considerations)