Nature of Proceedings: Demurrer to Complaint Demurrer by defendant City of Santa Barbara ATTORNEYS: Charter Claiborne Hughes for plaintiff Jose Rodriguez Ariel Pierre Calonne / Tom R. Shapiro / John S. Doimas of City Attorney’s Office for defendant City of Santa Barbara RULING: For the reasons set out below the demurrer is sustained without leave to amend. Background Plaintiff’s complaint, filed August 15, 2019, alleges causes of action for harassment in violation of FEHA, retaliation in violation of FEHA, and failure to prevent harassment and retaliation in violation of FEHA. The complaint never expressly alleges the date upon which plaintiff was terminated. However, he attaches as Exhibit A his August 14, 2019, FEHA Right to Sue letter, and his August 14, 2019, FEHA complaint, which includes a Statement of Jose Rodriguez wherein he states that he was dismissed from his job on April 16, 2018. The Exhibit A statement further acknowledges that he appealed his dismissal to the Civil Serv
Hearing Date
February 11, 2020
Department
Department 3 SB-Anacapa1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107
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Nature of Proceedings: Demurrer to Complaint Demurrer by defendant City of Santa Barbara ATTORNEYS: Charter Claiborne Hughes for plaintiff Jose Rodriguez Ariel Pierre Calonne / Tom R. Shapiro / John S. Doimas of City Attorney’s Office for defendant City of Santa Barbara RULING: For the reasons set out below the demurrer is sustained without leave to amend. Background Plaintiff’s complaint, filed August 15, 2019, alleges causes of action for harassment in violation of FEHA, retaliation in violation of FEHA, and failure to prevent harassment and retaliation in violation of FEHA. The complaint never expressly alleges the date upon which plaintiff was terminated. However, he attaches as Exhibit A his August 14, 2019, FEHA Right to Sue letter, and his August 14, 2019, FEHA complaint, which includes a Statement of Jose Rodriguez wherein he states that he was dismissed from his job on April 16, 2018. The Exhibit A statement further acknowledges that he appealed his dismissal to the Civil Serv