Defendant Tahoe Turning Point’s Demurrer to Complaint.
Plaintiff filed a complaint against defendants asserting six causes of action. Defendant Tahoe Turning Point demurs to the 1st cause of action for wrongful termination by discrimination and retaliation in violation of Labor Code, § 230.1. Defendant argues that plaintiff must first exhaust her administrative remedies prior to filing an action for violation of Section 230.1 and she has not alleged exhaustion of those administrative remedies. Plaintiff opposes the demurrer on the following grounds: while there is an optional administrative remedy, it is not a mandatory remedy that must be exhausted prior to filing a civil action; and while California authorities support the conclusion that there is no mandatory administrative remedy to satisfy, defendant relies on a single U.S. District Court case to argue the exhaustion of the administrative remedy is mandated.
Defendant Tahoe Turning Point replied to the opposition.
Citing Gutierrez
Hearing Date
September 08, 2017
Type
WRONGFUL TERMINATION - UNLIMITED
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Defendant Tahoe Turning Point’s Demurrer to Complaint.
Plaintiff filed a complaint against defendants asserting six causes of action. Defendant Tahoe Turning Point demurs to the 1st cause of action for wrongful termination by discrimination and retaliation in violation of Labor Code, § 230.1. Defendant argues that plaintiff must first exhaust her administrative remedies prior to filing an action for violation of Section 230.1 and she has not alleged exhaustion of those administrative remedies. Plaintiff opposes the demurrer on the following grounds: while there is an optional administrative remedy, it is not a mandatory remedy that must be exhausted prior to filing a civil action; and while California authorities support the conclusion that there is no mandatory administrative remedy to satisfy, defendant relies on a single U.S. District Court case to argue the exhaustion of the administrative remedy is mandated.
Defendant Tahoe Turning Point replied to the opposition.
Citing Gutierrez