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Rojas v. Glenair, Inc. (Cal. Ct. App. Aug. 3, 2020) No. B302402, 2020 WL 4435156

The Appellate Case

Almost four years after rejecting the defendant-former employer’s challenge to Roxana Rojas’s single cause of action for Labor Code violations brought under California’s Unfair Competition Law (“UCL”), the trial court reversed course and reconsidered its earlier order.  The court sustained the demurrer without leave to amend, and dismissed Rojas’s first amended complaint on the ground that her complaint did not relate-back to her original complaint and, therefore, Rojas’s claim was time-barred. MLG appealed the order and the Second District Court of Appeal reversed, finding that the relation-back doctrine did apply, saving Rojas’s one and only claim.

The defendant petitioned for review with the California Supreme Court which was denied.

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