Johnson v. City of Loma Linda

In Johnson v. City of Loma Linda (2000) 24 Cal. 4th 61, a municipal employee was dismissed and challenged the dismissal administratively. The administrative adjudication resulted in findings that the dismissal was for economic reasons, and was not the product of unlawful discrimination. The employee filed a discrimination complaint with DFEH, received a right-to-sue letter, and sued under the FEHA. Joined with that suit was a petition for a writ of mandate under section 1094.5. The trial court granted summary judgment, ruling that the writ of mandate was barred by the doctrine of laches, and the discrimination claim failed because the plaintiff was bound by the administrative finding. (Johnson, supra, 24 Cal. 4th at pp. 66-67.) The Supreme Court upheld the summary judgment on the FEHA claim, holding that the Swartzendruber court erred in not applying "the requirement of exhaustion of judicial remedies . . . to FEHA claims when, as here, an administrative process provides internal remedies and the plaintiff fails to obtain the requisite judicial review of an adverse administrative finding." (Johnson v. City of Loma Linda, supra, 24 Cal. 4th at p. 72.) "We conclude that when, as here, a public employee pursues administrative civil service remedies, receives an adverse finding, and fails to have the finding set aside through judicial review procedures, the adverse finding is binding on discrimination claims under the FEHA." (Id. at p. 76.)