CACI No. 2508

Alleges Continuing Violation (Gov. Code, § 12960(e))

[Name of defendant] contends that [name of plaintiff]’s lawsuit may not

proceed because [name of plaintiff] did not timely file a complaint with

the California Civil Rights Department (CRD). A complaint is timely if it

was filed within three years of the date on which [name of defendant]’s

alleged unlawful practice occurred.

[Name of plaintiff] filed a complaint with the CRD on [date]. [Name of

plaintiff] may recover for acts of alleged [specify the unlawful practice, e.g.,

harassment] that occurred before [insert date three years before the CRD

complaint was filed], only if [he/she/ nonbinary pronoun] proves all of the

following:

1. That [name of defendant]’s [e.g., harassment] that occurred before

[insert date three years before the CRD complaint was filed] was

similar or related to the conduct that occurred on or after that

date;

2. That the conduct was reasonably frequent; and

3. That the conduct had not yet become permanent before that date.

“Permanent” in this context means that the conduct has stopped, [name

of plaintiff] has resigned, or [name of defendant]’s statements and actions

would make it clear to a reasonable employee that any further efforts to

resolve the issue internally would be futile.

New June 2010; Revised December 2011, June 2015, May 2019, May 2020, May