GENERAL LEGAL PRINCIPLES; LACHES – In General

Single Topic for Decision 2867M

View all topics for Decision 2867M

Full Decision Text (click on the link to view): Full Text

“The party asserting and seeking to benefit from the laches bar bears the burden of proof on these factors.” (Mt. San Antonio Community College Dist. v. Public Employment Relations Bd. (1989) 210 Cal.App.3d 178, 188.) In unfair practice proceedings, laches requires a respondent to show: (1) the charging party has unreasonably delayed in prosecuting its case, and (2) either the charging party has acquiesced in the acts about which it complains, or the respondent has suffered prejudice as a result of the charging party’s unreasonable delay. (Santa Ana Unified School District (2017) PERB Decision No. 2514, p. 22, citing Mt. San Antonio Community College Dist. v. Public Employment Relations Bd., supra, 210 Cal.App.3d at p. 188; Vernon Fire Fighters Assn. v. City of Vernon (1986) 178 Cal.App.3d 710, 719; Santa Monica Mun. Employees Assn. v. City of Santa Monica (1987) 191 Cal.App.3d 1538, 1546-1547.) (pp. 51-52.)