Austin v. Los Angeles Unified Sch. Dist.
Annotate this CasePlaintiff filed suit against the District and two of its employees, alleging wrongful discharge in violation of California's whistleblower statute, Lab. Code, 1102.5; discrimination based on race, gender and age in violation of California’s Fair Employment and Housing Act (FEHA), Gov. Code,12900 et seq.; and unlawful harassment in violation of FEHA. Plaintiff was denied postjudgment relief after the trial court granted summary judgment for defendants. The court concluded that the trial court improperly denied plaintiff's request for relief from judgment on the ground that a Code of Civil Procedure Section 473(b) motion must be signed under penalty or perjury where the trial court had discretion to treat her motion as a request for relief under section 473(b), Section 473(b) imposes no penalty-of-perjury requirement, and plaintiff's motion substantially complied with the requirements for a Section 473(b) request for relief. Accordingly, the court reversed.
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