2013-00140795-CU-OE

Irma Rocha vs. California Franchise Tax Board

Nature of Proceeding: Hearing on Demurrer to First Amended Complaint

Filed By: Austin, Andrea R.

Defendant Franchise Tax Board’s (“FTB”) Demurrer to Plaintiff’s First Amended
Complaint (“FAC”) is OVERRULED.

Defendant demurs only to the second cause of action for retaliation of the FAC on the
grounds that the plaintiff has not pled exhaustion of administrative remedies for
retaliation, alone. C.C.P., sec. 430.10(a)

Plaintiff filed her complaint with the California Department of Fair Employment and
Housing on July 6, 2011 and received her Right-to-Sue letter dated March 7, 2012.
She filed her Original complaint in pro per, on March 1, 2013. The DFEH complaint
and civil complaint were timely filed.

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In Okoli v. Lockheed Technical Operations, Co. (1995) 36 Cal.App.4 1607, where a
claimant seeks judicial relief for incidents not listed in his original charge to the [DFEH
complaint], the judicial complaint nevertheless may encompass any discrimination like
or reasonably related to the allegations of the [DFEH] charge, including new acts
occurring during the pendency of the charge before the DFEH.” (Okoli, supra, at 1615)

The Court finds that the facts of this case distinguish it from the conclusion in Okoli.
The discriminatory conduct and ultimate adverse action (termination) complained of
here is the very definition of retaliation. Plaintiff had a disability which defendant had
decided to no longer reasonably accommodate. Plaintiff complained and was
terminated. Second, unlike Okoli, where the alleged retaliatory conduct occurred after
the filing of the DFEH charge, the filing of the DFEH charge here was precipitated by
the retaliatory conduct. Therefore, the retaliation is reasonably related to the other
charges of discrimination, and would likely be discovered in an investigation.

Defendant shall file and serve its Answer to the FAC not later than Friday, October 18,
2013.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.