UCSF Medical Center hired plaintiff, a licensed vocational nurse, to work at one of its women’s health facilities. Plaintiff alleged that her supervisor engaged in inappropriate and unlawful behaviors. She claimed she complained internally about that misconduct, but her complaints were unsatisfactorily investigated, and her supervisor and others began to retaliate against her for reporting the misconduct.
Plaintiff sued The Regents and her supervisor, alleging harassment, discrimination, retaliation, and other claims under California’s Fair Employment and Housing Act. The Regents moved to dismiss the complaint on the ground that plaintiff failed to bring her case to trial within five and a half years, as required by California law. The trial court granted the motion and filed an order dismissing the action with prejudice. About two months later, the trial court entered judgment. Two months after judgment was entered, plaintiff filed a notice of appeal.
The Regents retained Horvitz & Levy to defend against plaintiff’s appeal. Horvitz & Levy filed a motion to dismiss the appeal on the ground that it was untimely. The Court of Appeal agreed and dismissed the appeal, concluding that the 60-day window for plaintiff to file the notice of appeal ran from the order of dismissal, not the subsequent judgment.
