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Messina v. Escondido Union High School Dist.
Constance J. Messina appeals from summary judgment in favor of the Escondido Union High School District (District) on her complaint for, among other causes of action, age discrimination and failure to reasonably accommodate her disability in violation of California's Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.) She contends the trial court improperly excluded certain evidence she offered in opposition to the District's summary judgment motion. She further contends her evidence raised triable issues of material fact as to (1) whether the District's stated reasons for not rehiring her after her probationary period were pretextual, and (2) whether the District's accommodations of her disability were timely. We agree the court erred in excluding some of Messina's evidence. However, even after considering the improperly excluded evidence, we conclude the court correctly determined the District was entitled to summary judgment. We, therefore, affirm the judgment.

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