California Supreme Court Watch

Aug 10, 2020
#20-206 Ducksworth v. Tri-Modal Distribution Services, S262699.

#20-206 Ducksworth v. Tri-Modal Distribution Services, S262699. (B294872; 47 Cal.App.5th 532; Los Angeles County Superior Court; BC676917.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issues: (1) In a cause of action alleging quid pro quo sexual harassment resulting in a failure to promote in violation of the Fair Employment and Housing Act, did the statute of limitations to file an administrative complaint with the Department of Fair Employment and Housing begin to run when the successful candidate was offered and accepted the position, or when that promotion later took effect, if there is no evidence that the plaintiff was aware of the promotion on the earlier date? (2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous?

Review granted: 8/12/2020

See the California Court of Appeal Opinion.