New Published Decision: Le Mere v. Los Angeles Unified School District

Le Mere v. Los Angeles Unified School District, 35 Cal. App. 5th 237 (2019)

Court affirmed the dismissal of lawsuit against LAUSD. Court held that a failure to allege facts showing a causal nexus between a retaliatory animus and an adverse employment action subjects complaint to demurrer.  Although “close temporal proximity” can suffice when a Plaintiff engaged in a protected activity and then was subjected to an adverse action, a gap of two years is too remote to support such an inference of causal nexus.  Additionally, Plaintiffs suing public entities must file a government claim prior to filing suit, and cannot “cure” a failure to do so by filing a government claim after the filing suit.