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eBook details

• Title: Mendoza v. Town of Ross
• Author : Colorado Supreme Court
• Release Date : January 19, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

Appellant Peter T. Mendoza (Mendoza) sued the respondents Town of Ross (the Town) and David Fairbrother, its former director of public safety, for wrongful termination in breach of public policy and discrimination based on disability in violation of the California Fair Employment and Housing Act (Gov. Code, §§ 12900 et seq.; hereafter FEHA ). Mendoza appeals from the trial courts dismissal of his first amended complaint after sustaining a general demurrer without leave to amend. In the published portion of this opinion, we conclude that the trial court correctly sustained the Towns demurrer without leave to amend because Mendoza was an uncompensated volunteer and not an "employee" for purposes of imposition of liability for unlawful employment practices under FEHA. Accordingly, we affirm the trial courts ruling as to the demurrer on this ground.

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