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Tuesday, May 12, 2020

Willis v. City of Carlsbad


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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