Determinations of whether the doctrines of equitable tolling and
continuing tort/continuing violation warranted striking a complaint's
allegations as time-barred due to the plaintiff’s failure to file a timely
claim under the Government Claims Act are pure questions of law subject to
independent review. The doctrine of equitable tolling cannot be invoked to
suspend Government Code §911.2's six-month deadline for filing a prerequisite
government claim. An employer’s actions in denying an employee’s transfer and
promotion requests acquired a degree of permanence so as to preclude
application of the continuing violation doctrine where there were no
allegations to suggest the employer’s actions on these discrete job openings
were anything other than definitive and final.
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