Fleming v. L.A. Unified School Dist. CA2/8
Plaintiff and Appellant Cecily Fleming appeals the judgment of the trial court following its order sustaining Defendant and Respondent Los Angeles Unified School District’s demurrer to her third amended complaint without leave to amend. The basis for the decision was that Fleming’s claims were not timely asserted. Fleming contends that her claims should have survived demurrer because (1) they were asserted within the applicable statutory period, (2) the time to assert the claims was tolled, (3) the claims related back to the commencement of her related administrative proceeding, and (4) the applicable statutory period restarted when she commenced a new administrative proceeding. We disagree and affirm. Because the reasons for our decision render it moot, we further deny LAUSD’s request for judicial notice.
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