Cal. Civ. Code § 959

(a) Any person claiming to be aggrieved by an alleged unlawful discriminatory practice
may make, sign and file with the Commission a verified complaint, in writing, which
shall state the name and address of the person, employer, labor organization or employment
agency alleged to have committed the unlawful discriminatory practice complained of,
and which shall set forth the particulars thereof and contain such other information
as may be required by the Commission. Commission representatives shall not modify
the substance of the complaint. Whenever a person invokes the procedures set forth
in this act, the Commission shall refuse to accept for filing a complaint it determines
to be untimely with no grounds for equitable tolling, outside its jurisdiction or
frivolous on its face. The Commission upon its own initiative or the Attorney General
may, in like manner, make, sign and file such complaint. Any employer whose employes,
or some of them, hinder or threaten to hinder compliance with the provisions of this
act may file with the Commission a verified complaint, asking for assistance by conciliation
or other remedial action and, during such period of conciliation or other remedial
action, no hearings, orders or other actions shall be taken by the Commission against
such employer. ((a) amended June 25, 1997, P.L.326, No.34)
(b) (1) After the filing of any complaint, or whenever there is reason to believe that an
unlawful discriminatory practice has been committed, the Commission shall make a prompt
investigation in connection therewith.
(2) The Commission shall send a copy of the complaint to the named respondent within thirty
days from the date of docketing the complaint, unless otherwise required by the Fair
Housing Act.
(3) A respondent shall file a written, verified answer to the complaint within thirty
days of service of the complaint, unless otherwise required by the Fair Housing Act.
The Commission, upon request of the respondent, may grant an extension of not more
than thirty additional days, unless otherwise required by the Fair Housing Act.
(4) After service of the complaint, the Commission shall encourage voluntary and informed
predetermination settlements between parties.
(c) If it shall be determined after such investigation that no probable cause exists for
crediting the allegations of the complaint, the Commission shall, within ten days
from such determination, cause to be issued and served upon the complainant written
notice of such determination, and the said complainant or his attorney may, within
ten days after such service, file with the Commission a written request for a preliminary
hearing before the Commission to determine probable cause for crediting the allegations
of the complaint. If it shall be determined after such investigation that probable
cause exists for crediting the allegations of the complaint, the Commission shall
immediately endeavor to eliminate the unlawful discriminatory practice complained
of by conference, conciliation and persuasion. The members of the Commission and its
staff shall not disclose what has transpired in the course of such endeavors: Provided,
That the Commission may publish the facts in the case of any complaint which has been
dismissed, and the terms of conciliation when the complaint has been adjusted, without
disclosing, except as required by the Fair Housing Act, the identity of the parties
involved.
(c.1) The Commission shall dismiss a case with prejudice, before or after a finding of probable
cause, where, in its opinion, appropriate remedy has been offered by the respondent
and refused by the complainant. ((c.1) added June 25, 1997, P.L.326, No.34)
(d) In case of failure so to eliminate such practice or in advance thereof, if in the
judgment of the Commission circumstances so warrant, the Commission shall cause to
be issued and served a written notice, together with a copy of such complaint as the
same may have been amended, requiring the person, employer, labor organization or
employment agency named in such complaint, hereinafter referred to as respondent,
to answer the charges of such complaint at a hearing before the Commission at a time
and place to be specified in such notice. The place of any such hearing shall be in
the county in which the alleged offense was committed.
(d.1) When notice of hearing is given as set forth in subsection (d) and an election procedure
is required by the Fair Housing Act, either party may elect to have the claim asserted
in the complaint decided in a civil action brought under the original jurisdiction
of Commonwealth Court. The written notice of the Commission shall be sent to all parties
and will inform them of their right to take civil action. An election must be made
within twenty days after receipt of the notice of hearing. A party making this election
shall notify the Commission and all other parties. If an election for civil action
is made by either party, the Commission shall, within thirty days from the date of
election, commence and maintain a civil action on behalf of the complainant provided,
however, that, whenever the Attorney General signs and files the complaint pursuant
to subsection (a), the Attorney General shall, within thirty days from the date of
election, commence and maintain a civil action on behalf of the complainant. In those
cases commenced by the Attorney General, the Commission shall have the right to intervene.
In any action brought under this subsection:
(1) All filing fees shall be waived for the Commission and all parties, including the
action brought under Commonwealth Court's original jurisdiction and any appeal arising
out of such action.
(2) If, after a trial, Commonwealth Court finds that a respondent engaged in or is engaging
in any unlawful discriminatory practice as defined in this act, the court may award
attorney fees and costs to the complainant on whose behalf the action was commenced.
(3) If, after a trial, Commonwealth Court finds that a respondent has not engaged in or
is not engaging in any unlawful discriminatory practice as defined in this act, the
court may award attorney fees and costs to the prevailing respondent if the respondent
proves that the complaint upon which the civil action was based was brought in bad
faith.
(4) If, after a trial, the Commonwealth Court finds that a respondent has not engaged
in any unlawful discriminatory practice as defined in this act, the court may award
attorney fees and costs to the prevailing respondent if the court determines that
the complaint is frivolous and that the Commission dealt with the party complained
against in a wilful, wanton and oppressive manner, in which case the Commission shall
be ordered to pay such costs and attorney fees.
((d.1) amended June 25, 1997, P.L.326, No.34)
(e) The case in support of the complaint shall be presented before the Commission or before
a permanent hearing examiner designated by the Commission for the purpose of hearing
said complaint by one of its attorneys or agents, by the complainant's attorney or
by a designated agent of the complainant. The respondent may appear at such hearing
in person or otherwise, with or without counsel, and submit testimony. The complainant
may likewise appear at such hearing in person or otherwise, with or without counsel,
and submit testimony. The Commission or the complainant shall have the power reasonably
and fairly to amend any complaint, and the respondent shall have like power to amend
his answer. The Commission shall not be bound by the strict rules of evidence prevailing
in courts of law or equity. The testimony taken at the hearing shall be under oath
and be transcribed.
(f) (1) If, upon all the evidence at the hearing, the Commission shall find that a respondent
has engaged in or is engaging in any unlawful discriminatory practice as defined in
this act, the Commission shall state its findings of fact, and shall issue and cause
to be served on such respondent an order requiring such respondent to cease and desist
from such unlawful discriminatory practice and to take such affirmative action, including,
but not limited to, reimbursement of certifiable travel expenses in matters involving
the complaint, compensation for loss of work in matters involving the complaint, hiring,
reinstatement or upgrading of employes, with or without back pay, admission or restoration
to membership in any respondent labor organization, the making of reasonable accommodations,
or selling or leasing specified housing accommodations or commercial property upon
such equal terms and conditions and with such equal facilities, services and privileges
or lending money, whether or not secured by mortgage or otherwise for the acquisition,
construction, rehabilitation, repair or maintenance of housing accommodations or commercial
property, upon such equal terms and conditions to any person discriminated against
or all persons, and any other verifiable, reasonable out-of-pocket expenses caused
by such unlawful discriminatory practice, provided that, in those cases alleging a
violation of section 5(d), (e) or (h) or 5.3 where the underlying complaint is a violation
of section 5(h) or 5.3, the Commission may award actual damages, including damages
caused by humiliation and embarrassment, as, in the judgment of the Commission, will
effectuate the purposes of this act, and including a requirement for report of the
manner of compliance.
(2) Such order may also assess a civil penalty against the respondent in a complaint of
discrimination filed under sections 5(h) or 5.3:
(i) in an amount not exceeding ten thousand dollars ($10,000) if the respondent has not
been adjudged to have committed any prior discriminatory practice;
(ii) in an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent
has been adjudged to have committed one other discriminatory practice during the five-year
period ending on the date of this order; or
(iii) in an amount not exceeding fifty thousand dollars ($50,000) if the respondent has
been adjudged to have committed more than one other discriminatory practice during
the seven-year period ending on the date of this order.
If, however, the acts constituting the discriminatory practice that is the object
of the charge are committed by the same natural person who has been previously adjudged
to have committed acts constituting a discriminatory practice, then the civil penalties
set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period
of time within which any subsequent discriminatory practice occurred.
(3) When the respondent is a licensee of the Commonwealth, the Commission shall inform
the appropriate State licensing authority of the order with the request that the licensing
authority take such action as it deems appropriate against such licensee. An appeal
from the Commission's order shall act as a supersedeas and stay such action by the
State licensing authority until a final decision on said appeal.
(4) If, upon all the evidence, the Commission shall find that a respondent has not engaged
in any such unlawful discriminatory practice, the Commission shall state its findings
of fact, and shall issue and cause to be served on the complainant an order dismissing
the said complaint as to such respondent.
(f.1) If, upon all the evidence at the hearing, in those cases alleging a violation of section
5(d), (e), (h) or 5.3 where the underlying complaint is a violation of section 5(h)
or 5.3, the Commission finds that a respondent has engaged in or is engaging in any
unlawful discriminatory practice as defined in this act, the Commission may award
attorney fees and costs to prevailing complainants.
(f.2) If, upon all the evidence at the hearing, in those cases alleging a violation of section
5(d), (e), (h) or 5.3 where the underlying complaint is a violation of section 5(h)
or 5.3, the Commission finds that a respondent has not engaged in or is not engaging
in any unlawful discriminatory practice as defined in this act, the Commission may
award attorney fees and costs to a prevailing respondent if the respondent proves
that the complaint was brought in bad faith.
(g) The Commission shall establish rules of practice to govern, expedite and effectuate
the foregoing procedure and its own actions thereunder. Three or more members of the
Commission or a permanent hearing examiner designated by the Commission shall constitute
the Commission for any hearing required to be held by the Commission under this act.
The recommended findings, conclusions and order made by said members or permanent
hearing examiner shall be reviewed and approved or reversed by the Commission before
such order may be served upon the parties to the complaint. The recommended findings,
conclusions and order made by said members or permanent hearing examiner shall become
a part of the permanent record of the proceeding and shall accompany any order served
upon the parties to the complaint.
(h) Any complaint filed pursuant to this section must be so filed within one hundred eighty
days after the alleged act of discrimination, unless otherwise required by the Fair
Housing Act.
(i) Any complaint may be withdrawn at any time by the party filing the complaint.
(j) At any time after the filing of a complaint, the Commission shall dismiss with prejudice
a complaint which, in its opinion, is untimely with no grounds for equitable tolling,
outside its jurisdiction or frivolous on its face. ((j) added June 25, 1997, P.L.326,
No.34)