All notes for Subtopic 1401.01000 – In General
|Decision||Description||PERC Vol.||PERC Index||Date|
|2867M|| * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco|
1401.01000: GENERAL LEGAL PRINCIPLES; LACHES; In General“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.) more or view all topics or full text.
|2514E|| Santa Ana Unified School District|
1401.01000: GENERAL LEGAL PRINCIPLES; LACHES; In GeneralGenerally, unreasonable delay, by itself, does not establish prejudice for the purpose of laches. Rather, the respondent’s reliance on such delay must have been detrimental in some respect and the detrimental change must have been caused by or at least occurred during the period of the unreasonable delay. Because here, the charging party requested that the case be placed in medical abeyance in January 2009, before the respondent’s witness suffered a debilitating medical condition allegedly affecting his memory, any prejudice suffered by the respondent as a result of witness’s memory loss was not caused by charging party’s delay. (p. 34.) more or view all topics or full text.
|0269S|| State of California (Department of Health Services)|
1401.01000: GENERAL LEGAL PRINCIPLES; LACHES; In GeneralSuccessful assertion of the defense of laches requires a showing that (1) Charging Party unreasonably delayed in asserting its claim, and (2) Charging Party either acquiesced in the act about which it now complains, or Respondent relied to its detriment on charging party's conduct or silences; laches not demonstrated by these facts; p. 13. more or view all topics or full text.