Schifando v. City of Los Angeles

In Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, the issue was whether a city employee was required to exhaust internal administrative remedies before filing suit. The court ruled there was no such requirement, (id. at p. 1080) but it cautioned that an employee who pursues internal administrative remedies and files a claim with the Department of Fair Employment and Housing would be entering into a "'procedural minefield.'" (Id. at p. 1088.) As the court explained, "We serve judicial economy by giving collateral estoppel effect to appropriate administrative findings. Johnson's requirement (Johnson v. City of Loma Linda) that employees exhaust judicial remedies ensures proper respect for administrative proceedings. It requires employees challenging administrative findings to do so in the appropriate forum, by filing a writ of administrative mandamus petition in superior court. Johnson also ensures that employees who choose to utilize internal procedures are not given a second 'bite of the procedural apple.'" (Schifando, supra, 31 Cal.4th at pp. 1090-1091.)