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Ex. (Opposition, 7-8.). (Demurrer, 5-6.) (Separate Statement in Support of Motion (DSS), 27; Depo Exhibit 107 (Request to Approve Complaint).) Civil Code ;;51.7, 52), (10) breach of employment contract against UTLA only. DocketAddress for Tobin M. Lanzetta, Esq. On June 23, 2020, Plaintiff filed the First Amended Complaint (FAC). Civil Code ;;52.1, 52), (7) violation of the Unruh Civil Rights Act (Cal. (Careau& Co v. Security Pacific Business Credit, Inc.(1990) 222 Cal.App.3d 1371, 1394 (Careau).) Ninth Cause of Action: Violation of the Ralph Act, Civil Code section 51.7 (the Ralph Act) provides that all persons have the right to be free of violence, or intimidation by threat of violence, committed against their persons, committed because of their political affiliation or any characteristic defined in Civil Code section 51. Webbrian mcnamara, utla. Proc., ; 430.30, subd. (Opposition, 5-6.) (Osten Decl., Exh. Mr. Sahota again asked for this information on September 4, 2018. Code, ; 52.1, subds. (Id. He previously served as a Board Member of the Global Self Care . Case Number: *******0892 Hearing Date: January 04, 2021 Dept: 37. For these reasons, Defendants demurrer is overruled as to the sixth cause of action. March 26, 2023 Posted by jarrel [D]emurrers for uncertainty are disfavoredand are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. (Mahan v. Charles W. Chan Ins. (Id. (k). MOVING PARTIES: Defendants, United Teachers Los Angeles, Carl Joseph and Brian McNamara, MOTION: Defendants Demurrer to the First Amended Complaint. McNamara has been an organizing director at one the premier organizing unions in the country for the last several years, having helped unions organize to the The essence of a Bane Act claim is that the defendant, by the specified improper means (i.e., threat[], intimidation or coercion), tried to or did prevent the plaintiff from doing something he or she had the right to do under the law or to force the plaintiff to do something that he or she was not required to do under the law. (, Civil Code section 51.7 (the Ralph Act) provides that all persons have the right to be free of violence, or intimidation by threat of violence, committed against their persons, committed because of their political affiliation or any characteristic defined in Civil Code section 51. In reaching this conclusion, the Court of Appeal noted that section 129650 mandates the filing of a verified complaint in writing naming all persons alleged to have discriminated against the complainant. A judge Wednesday pared a lawsuit brought by the former political organizer for United Teachers Los Angeles against the organization, in which she says she was forced to resign in 2019 due to sexual harassment inflicted by two co-workers, removing both men as defendants in the case. She frequently reported the pairs alleged harassing, discriminatory and abusive conduct to UTLA management, the suit states. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Check for a confirmation email, and then you're all set with MyNewsLA.com! The Court of Appeal upheld the ruling on the landlords demurrer, stating: [t]here can be no threat of violence without some expression of intent to injure or damage plaintiffs or their property, and there simply was none. (Id. The court agrees with Defendants that the tenth cause of action is insufficiently pled and that Exhibit 1 to the FAC does not contain many of the terms under which she was employed, including a collective bargaining agreement referred in Exhibit 1 to the FAC. ), Fourth Cause of Action: Breach of the Implied Covenant of Good Faith and Fair Dealing, In every contract there is an implied covenant of good faith and fair dealing. brian mcnamara, utla. Since then Brian has changed 5 companies and 5 roles. ), Demurrers do not lie as to only parts of causes of action where some valid claim is alleged but must dispose of an entire cause of action to be sustained. (Poizner v. Fremont General Corp.(2007) 148 Cal.App.4th 97, 119.) (Attorney): Name Suffix: Esq. (DSS 8.) All that is required of a plaintiff, as a matter of pleading, even as against a special demurrer, is that his complaint set forth the essential facts of the case with reasonable precision and with sufficient particularity to acquaint the defendant with the nature, source and extent of his cause of action. (Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 156-157.) Justin Chambers. Regulatory Auth. ), Fourth Cause of Action: Sexual Harassment in violation of the FEHA, Government Code, section 12960 requires an employee bringing a claim to first file an administrative complaint with the Department of Fair Employment and Housing (DFEH) within one year of the date the alleged unlawful action occurred. I), 59:18-22, 64:13-65:1.) 3 TO EXCLUDE DR. ALAN A MODARRESSI'S NOVEMBER 18, 2021 REPORT, 5/9/2022: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. A: I provide on-the-job training for him. UTLA contributes a sum equal to 17.5% of your base salary to the UTLA Money Purchase Plan. Nhn hiu; Sng ch; Kiu dng cng nghip Stamps does not stand for the proposition that Civil Code section 51.9 is not part of the Unruh Act. (DSS 10-11. things to do in san ), According to Plaintiff, these emails are all direct evidence that DFEH mishandled Plaintiffs complaint from the outset. For these reasons, Defendants demurrer to the tenth cause of action is sustained. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. at 25:19-26:4.) Joseph told Suleimanyan that he wished he was the same age as her because there were things he wanted to do to her, the suit alleges. Plaintiff additionally alleges that although she complained about this conduct, she was retaliated against for making these complaints, ultimately leading to her constructive discharge on November 12, 2019. This review is from a person who hired this attorney. (Motion, 21-23.) The Go-Getter. In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Code Civ. On February 3, 2021, Plaintiff filed the operative Second Amended Complaint. 2022-10-11. (Attorney): Name Suffix: Esq. Agency, Inc.(2017) 14 Cal.App.5th 841, 848, fn. UTLA retaliated against Suleimanyan for complaining by changing her job duties to administrative work, preventing any professional growth on her part, and by writing her up for unfounded accusations, she alleges. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. (Id. He also allegedly told her to come sit on big papas lap and asked her for her gum so that he could taste her, and allegedly made make sexual gestures with his tongue toward her. Brian McNamara Work Experience and Education. Brian has 2 jobs listed on their profile. (Id. In opposition, Plaintiff contends that her fourth cause of action is not barred by failure to exhaust administrative remedies, as equitable tolling is applicable in this instance. WebSee the complete profile on LinkedIn and discover Brians connections and jobs at similar companies. A person aggrieved under the Ralph Act may bring a civil action to recover damages, a civil penalty of $25,000, exemplary damages, and an award of attorney fees. (D.C. v. Harvard-Westlake School(2009) 176 Cal.App.4th 836, 856; Civil Code ; 52,subds. A person aggrieved under the Ralph Act may bring a civil action to recover damages, a civil penalty of $25,000, exemplary damages, and an award of attorney fees. (, The court agrees with Plaintiff. (Defs. 3 TO EXCLUDE DR. ALAN A MODARRESSIS NOVEMBER 18, 2021 REPORT, 5/16/2022: Opposition - OPPOSITION DEFENDANT UTLAS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. The existence and legal significance of these documents is a proper matter for judicial notice. A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. ; Civil Code section 51.9 provides that a person is liable for sexual harassment under this section if Plaintiff proves that a business, services, or professional relationship between the Plaintiff and Defendant. (Civ. 2 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY, Declaration - DECLARATION OF KATHLEEN M. ERSKINE IN SUPPORT OF DEFENDANT UTLAS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NOS. Further, when Plaintiff was asked if there were any comments or gestures by Joseph after October 2017 that she alleges to be harassment, she testified as follows: After October of 2017, no, but only one time when I was walking down the stairs, I did see him look me up and down and check my behind out. (DSS 48.) Plaintiff recalls that on one occasion, she told him it was disgusting and that he was old enough to be my grandfather. (Id., 22:3-8. Plaintiffs opposition does not address this argument. Specifically, triable issues exist with regard to whether Plaintiff experienced a threat of violence due to McNamara or Josephs actions.

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It is plaintiff's burden to plead and prove timely exhaustion of administrative remedies, such as filing a sufficient complaint with [DFEH] and obtaining a right-to-sue letter. (Kim v. Konad USA Distribution, Inc. (2014) 226 Cal.App.4th 1336, 1346.) In opposition, Plaintiff contends that the FACs reference to the Unruh Act was in error and that the FAC will be amended to reflect as such. Pursuant to Civil Code section 52.1, subdivision (k), speech alone can be enough to constitute a violation of the Bane Act when it threatens violence and the person against whom the threat is directed reasonably fears that the threat will be carried out. (Motion, 23-24.) brian mcnamara, utla.

This so-called McDonnell Douglas test reflects the principle that direct evidence of intentional discrimination is rare, and that such claims must usually be proved circumstantially. Proc., ; 437c, subd. Specializing In Bad Taste From A (Feminist) Chicks Perspective. They were not or parties to a contract with Plaintiff. As discussed above with respect to Defendants demurrer to the Bane Act cause of action, the court finds that, liberally construing the FAC in favor of Plaintiff, the FAC sufficiently pleads threats of violence by McNamara and Joseph for purposes of demurrer. Additionally, Plaintiff recalls Joseph making that statement when she would enter into a room looking for a chair. Pop Culture, Past & Present, In Yer Kisser. ), Pursuant to California Code of Regulations Title 2, section 10009(d), The filing date of a complaint shall be the date a DFEH office receives a verified complaint, regardless of whether the complaint is verified by the complainant in the office or the complaint is verified elsewhere and transmitted to the office via United States (U.S.) mail, electronically, private carrier mail (e.g., FedEx), facsimile, or hand delivery. Plaintiff testified that this took place around 2018. (, 8.) (Code Civ. Civil Code ;;51.9), (8) gender discrimination against UTLA only, (9) violation of the Ralph Act (Cal. Exhibit 2 is an email chain between Plaintiff and Mr. Sahota which indicates that on January 8, 2019, Plaintiff inquired into the edits for the complaint she sent a few months ago. In response, Mr. Sahota simply wrote I will give you a call today. (Id.) Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.. 1 To Exclude Me Too Evidence And Hostile Work Environment Harassment Evidence Other Than As Relevant To Plaintiffs Remaining Claims: Name Extension changed from Defendant UTLAs Reply Memorandum In Support Of Motion In Limine No. An allegation of an oral agreement must set[] forth the substance of its relative terms. (Gautier v. General Tel. (a), (b).) Code ; 52.1, fails to present a triable issue of material fact because it is undisputed that Defendants did not threaten, intimidate or coerce Plaintiff and did not prevent Plaintiff from doing something she had a right to do under the law or force her to do something that she was not required to do under the law. Government Code section 12960 as it existed prior to the amendments made by A.B. Your start date will be September 29, 2015. The ;Unruh ;Act provides that all persons are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever, no matter what their sex . at 1515.) (2014) 232 Cal.App.4th 954, 964 (Swanson).) (p)(2). ), Thereafter, it is also undisputed on September 10, 2018, Plaintiff expressed questions about the complaint language to DFEH. Finally, one place to get all the court documents we need. (DSS 9.) WebBrian McNamara, UTLAs field and organizing director for field services, and Carl Joseph, the organizations representation coordinator/housed teachers representative for field On January 4, 2021, Defendants UTLA, Joseph and McNamaras (Defendants) demurrer was sustained as to the fourth, seventh and tenth causes of action. Best Match Powered by Whitepages Premium AGE -- Brian McNamara Virginia Beach, VA (Kempsville) View Full Report Addresses Sotheby Ct, Virginia Beach, VA Sixth Cause of Action: Violation of the Bane Act, Civil Code, section 52.1 (the Bane Act) allows an individual to sue for damages if a person or persons interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state. ; (Civ. The essence of a Bane Act claim is that the defendant, by the specified improper means (i.e., threat[], intimidation or coercion), tried to or did prevent the plaintiff from doing something he or she had the right to do under the law or to force the plaintiff to do something that he or she was not required to do under the law. (King v. State of Cal. Plaintiff further attests that [b]ased upon the representations of Mr. Sahota, I was confident that I had filed my DFEH complaint in 2017. (Plaintiff Decl. Thus, the court is persuaded by Plaintiffs argument that it was reasonable for Plaintiff to fear that because of McNamara and Josephs speech, physical violence will be committed against her as defined in the Bane Act. WebBrian McNamara Profiles | Facebook Forgot Account? 10/25/2022 at 10:00 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial, Jury Trial scheduled for 10/25/2022 at 10:00 AM in Stanley Mosk Courthouse at Department 37, Final Status Conference scheduled for 10/04/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 37 updated: Result Date to 10/04/2022; Result Type to Held - Continued, Pursuant to the request of plaintiff, Jury Trial scheduled for 10/11/2022 at 10:00 AM in Stanley Mosk Courthouse at Department 37 Not Held - Advanced and Continued - by Court was rescheduled to 10/25/2022 10:00 AM, Updated -- Second Amended Joint Exhibit List: Name Extension: blank; Exact Name: Second Amended Joint Exhibit List; As To Parties: removed, Updated -- Second Amended Joint Witness List: Name Extension: blank; Exact Name: Second Amended Joint Witness List; As To Parties: removed, Witness List SECOND AMENDED JOINT WITNESS LIST; Filed by: Astine Suleimanyan (Plaintiff); UTLA (Defendant), Exhibit List SECOND AMENDED JOINT; Filed by: Astine Suleimanyan (Plaintiff); UTLA (Defendant), Updated -- Reply Memorandum In Support Of Motion In Limine No. WebIsn't it the time you try GNatural? at 34:4-13.) The Cole court earlier noted that Plaintiffs verified DFEH Complaint did not name two of the individual defendants in the body of the charge. 1 To Exclude Me Too Evidence And Hostile Work Environment Harassment Evidence Other Than As Relevant To Plaintiffs Remaining Claims to Memorandum In Support Of Motion In Limine No. Indus. In retaliation for coming forward, UTLA stripped her of her employment duties, refused to accommodate her workplace medical restrictions and harassed her about her those limitations in violation of her privacy, the suit alleges. Your email address will not be published. March 22, 2023. brian mcnamara, utla. Summons on Complaint; Issued and Filed by: ASTINE SULEIMANYAN (Plaintiff); As to: UTLA dba UNITED TEACHERS LOS ANGELES, a California Organization (Defendant); BRIAN MCNAMARA (Defendant); CARL JOSEPH (Defendant) et al. Updated -- Tobin M. Lanzetta, Esq. 3-4.) DocketCivil Case Cover Sheet; Filed by: ASTINE SULEIMANYAN (Plaintiff); As to: UTLA dba UNITED TEACHERS LOS ANGELES, a California Organization (Defendant); BRIAN MCNAMARA (Defendant); CARL JOSEPH (Defendant) et al. WebIsn't it the time you try GNatural? Defendants notice of motion does not comply with California Code of Civil Procedure, section 437c(f)(1). Joseph made these comments in 2016. (Id., 15:11-13.) Less. . Hallowed Ground. mcnamara architecting Defendants request judicial notice of the following in support of their motion: Legislative Counsels Digest regarding Government Code section 12960 (Assembly Bill 9 [A.B. Your starting salary will be $7,086.83 per month and you will also receive a monthly auto allowance of $660. 210, DEH00020-25.). He gets other training as well. (Erskine Decl. The demurrer is otherwise overruled. (Evidence Code ; 452, subds. Proc., ; 437c, subdivision (p)(2): A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Specifically, no triable issues exist with regard to whether Plaintiff timely filed her DFEH Complaint. II), 44:21-45:4, 45:16-19, 46:22-24, 47:5-11.) (Id. Q: And those statutory deadlines are important, correct? (a)(1).) (Civ. Additionally, all defendants demur to the sixth, seventh, ninth and tenth causes of action. The plaintiff or cross-complainant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. (DSS 4; Exh. WebJammu & Kashmir Bank Khidmat Centre Association. 210.). Sharon Savene, a parent at Grand View, addressed the crowd: Our kids need nurses at this school, our kids need counselors at this school, our kids need janitorial and custodial staff at this school, they need teachers at this school and they need teaching assistants at this school. Finally, Plaintiff attests that at no time did anyone at the DFEH tell her that she had to meet a specific statutory deadline to file the signed DFEH complaint and that given this, she became more assured as time passed that she had fulfilled this deadline in 2017. Brian McNamara, UTLA's field and organizing director for field services, and Carl Joseph, the organization's representation coordinator/housed teachers joan hopper william hopper's daughter; escape to the chateau boat hire; maria zhukova daughter of zhukov Plaintiff cites to Holland v. Union Pac. The Court of Appeal held that Plaintiff filing an untimely administrative complaint with DFEH is not a bar to his action at law because he diligently pursued his administrative remedy and reasonably relied on the conduct of administrative officials in believing that the limitations period was not a concern. (Id.) AmTrust Financial is part of the Insurance industry, and located in New York, United States. Los Angeles Superior Court Judge Richard Burdge Jr. found that neither UTLA nor the two individual defendants Brian McNamara, UTLAs field and organizing director for field services, and Carl Joseph, the organizations representation coordinator/housed teachers representative for field services had violated plaintiff Astine Suleimanyans civil rights because she provided no evidence of any threat of physical violence. ; ;The essence of a Bane Act claim is that the defendant, by the specified improper means (i.e., ;threat[], intimidation or coercion), tried to or did prevent the plaintiff from doing something he or she had the right to do under the law or to force the plaintiff to do something that he or she was not required to do under the law. ; (, the speech itself threatens violence against a specific person or group of persons; and the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property and that the person threatening violence had the apparent ability to carry out the threat. (Cal. A: I said, I have to get back to work, and I already informed my supervisor. And he said No. In a sworn declaration, the plaintiff explained why conditions became so intolerable for her. ), In analyzing an employees claim for unlawful discrimination under the FEHA, California courts have adopted the three-stage, burden-shifting test the United States Supreme Court established in, California Courts have recognized that the, Government Code, section 12960 requires an employee bringing a claim to first file an administrative complaint with the Department of Fair Employment and Housing (DFEH) within one year of the date the alleged unlawful action occurred. (Demurrer, 6-7. . (Ibid., emphasis in original.) Thus, there are no triable issues of material fact as to Plaintiffs seventh cause of action. ), Defendants contend that the tenth cause of action is insufficiently pled as to UTLA because the FAC does not allege the terms of the employment agreement UTLA allegedly breached. In response, Mr. Sahota followed up on Plaintiffs questions on September 21, 2018 by leaving a voicemail. What opportunities were you denied. (2015) 242 Cal.App.4th 265, 294. (Joseph) Plaintiff alleges that she was hired as a Political Organizer for UTLA on or about September 29, 2015 pursuant to a written employment agreement and that throughout her employment, she was subject to sexually harassing comments and conduct from McNamara and Joseph. Code ; 52.1, subd. Brian McNamara is a Portfolio Manager, Commercial at St Louis Bank based in Chesterfield, Missouri. 2 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY, Motion in Limine - MOTION IN LIMINE PLAINTIFF'S MOTION IN LIMINE NO. In addition, the Pre-Complaint Inquiry Plaintiff submitted in October 2017stated the form is not a filed complaint., Civil Code, section 52.1 (the Bane Act) allows an individual to sue for damages if a person or persons interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state. (Civ. ), Viewing the evidence submitted in the light most favorable to Plaintiff, the court finds that no triable issues exist with regard to the fourth cause of action. As discussed above, the FAC alleges that McNamara and Joseph made several allegedly inappropriate comments and advances on Plaintiff, including comments that can be interpreted as being sexual in nature. He stood close behind her during a job-related dinner and often raised his voice in an aggressive, threatening and demeaning manner, toward her, the suit states. Seventh Cause of Action: Violation of the Unruh Civil Rights Act. Thus, allegations which assert such a claim must show that the conduct of the defendant, whether or not it also constitutes a breach of a consensual contract term, demonstrates a failure or refusal to discharge contractual responsibilities, prompted not by an honest mistake, bad judgment or negligence but rather by a conscious and deliberate act, which unfairly frustrates the agreed common purposes and disappoints the reasonable expectations of the other party thereby depriving that party of the benefits of the agreement. (Id. ), Third, with respect to Josephs sexually suggestive gestures, Plaintiff testified that it occurred when they were at a staff union retreat dinner. (Id. Log In or Create new account Plaintiff additionally alleges that although she complained about this conduct, she was retaliated against for making these complaints, ultimately leading to her constructive discharge on November 12, 2019. 9 (Exhibit 216). (DSS 50-63.) Civ. (Plaintiff Decl. Thus, the court will address the motion pertaining to the fourth, fifth and seventh causes of action. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion. (Code Civ. As an additional example, it is undisputed that Plaintiffs July 2017 Incident Report filed with UTLA stated that during one of the sessions at UTLAs annual Leadership Conference, McNamara stood behind [her] looking over [her] shoulder the entire time and that Plaintiff ran to the bathroom because [she[ didnt know where else to go. (DSS 63; Depo Exhibit 1 (July 2017 Incident Report), p. (Opposition, 12-15.) If you do not agree with these terms, then do not use our website and/or services. Sign up here for our free newsletters. Webbrian mcnamara, utla. The court agrees with Individual Defendants that the fourth cause of action does not plead a cause of action against them. brian mcnamara, utla. Greater Chicago Area, Olympia WA. (a), (b).) Authorities Seek Help Identifying Patient at LAC+USC Medical Center, Palm Springs Art Museum to Offer Artist-Led Workshops April 16, Prime-Time Final Four Game Draws Smallest Audience Since 2003, Felons Charged with Assaulting, Carjacking Mead Valley Man, Boy, 7, Reported Missing from Arlington Heights; Investigation Continuing, LAC-USC Medical Center Seeks Helps Identifying Patient, Two Hospitalized, One in Critical Condition, in Palmdale, Man Jailed on Suspicion of Deadly Collision in RSM, Orange County Pharmacist to be Sentenced for Role in $11 Million Fraud Scheme, Man Suspected of Causing Woman's Death at Woodcrest Home out of Custody, Proudly powered by Newspack by Automattic. Ms. Rice testifies in pertinent part as follows: Q: And do you train folks like Mr. Sahota as to what the respective deadlines are as they apply to various complaints filed by employees, for example? Cancellation and Refund Policy, Privacy Policy, and The date is accurate, please sign and return. at p. Plaintiffs Seventh Cause of Action for Violation of the Ralph Act, Civ. (Code Civ. 1 TO PRECLUDE REFERENCE TO CARLA BARBOZAS TESTIMONY OR DOCUMENTS, Opposition - OPPOSITION DEFENDANT UTLAS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. He rejected arguments by Suleimanyans attorney, Aaron Osten, that his clients efforts to file a timely complaint with the state Department of Fair Employment and Housing before suing were hampered by errors and misleading information given by DFEH employees. Proc., ; 452; see alsoStevens v.Sup. Web (see SAC, 90-101. Proc., ; 430.30, subd. Code, ; 52.1, . (SAC) The SAC now alleges the following causes of action: (1) wrongful termination/constructive discharge in violation of public policy, (2) retaliation, (3) failure to prevent discrimination and harassment in violation of Government Code ;12940, (4) sexual harassment, (5) violation of Civil Code ; 52.1 Bane Act, (6) gender discrimination, (7) violation of the Ralph Act Civil Code ; 51.7. (d).) (Id. Q: Okay.