Brown v. City of Sacramento

Plaintiff Wendell Brown sued his employer, the City of Sacramento (City), for racial discrimination and retaliation in violation of the California Fair Employment and Housing Act (FEHA).  (Gov. Code, § 12900 et seq.)  A jury returned a verdict in Brown’s favor.  The City moved for judgment notwithstanding the verdict and a new trial.  The trial court granted the motion for judgment notwithstanding the verdict in part, finding that Brown failed to exhaust administrative remedies with respect to some of the acts found to be retaliatory.  The trial court denied the motion with respect to other acts and effectively denied the motion for a new trial.   

The City appeals from the order partially denying the motion for judgment notwithstanding the verdict, arguing the remaining retaliation and discrimination claims are time-barred and barred for failure to exhaust administrative remedies.  The City also appeals from the order partially denying the motion for a new trial, arguing that juror misconduct deprived the City of a fair trial, and the trial court prejudicially erred in admitting evidence of the purportedly unexhausted and time-barred claims.  Finding no error, we affirm.

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