Mason-Ealy v. Pomona Unified School District CA2/5
Plaintiffs Cynthia Mason-Ealy and Roshanna Franklin appeal from judgment following an order dismissing their lawsuit against defendant Pomona Unified School District (the District) in this action for employment discrimination and retaliation under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.). In contravention of the trial court’s order, Franklin attempted but never filed a fourth amended complaint. Mason-Ealy filed an untimely fourth amended complaint after receiving notice of the District’s ex parte application to dismiss the lawsuit. Plaintiffs contend the trial court lacked authority to dismiss their lawsuit under Gitmed v. General Motors Corp. (1994) 26 Cal.App.4th 824, because Mason-Ealy filed an untimely fourth amended lawsuit on the eve of the ex parte hearing. Given the clear difference in procedural posture in Gitmed, we conclude it does not apply. The trial court properly exercised its discretion to dismiss the case. We affirm the judgment.
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