207 Cal. App. 4th 170
Cal. Ct. App.2012Background
- Stockton USD filed an accusation against tenured teacher Boliou seeking dismissal based on three charges.
- Boliou demanded a hearing; the district elected to set a hearing, triggering the statutory hearing process.
- After 18 months of litigation and some unfavorable rulings, the district sought dismissal before merits, prompting further proceedings.
- At the hearing, the commission dismissed remaining charges, over Boliou’s objection that a merits ruling should be issued and fees awarded if not dismissed.
- Boliou sought mandamus relief; the trial court ordered modification of the dismissal and payment of attorney fees and costs, which the district appealed.
- The appellate court held that the trial court’s mandamus relief was proper under the Education Code provisions governing hearings and attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus required modification to reflect a merits determination. | Boliou should have a merits determination and fees if not dismissed. | District argues no merits hearing was required and no such determination. | Yes; trial court properly ordered modification and fee payment. |
Key Cases Cited
- Wilmot v. Commission on Professional Competence, 64 Cal.App.4th 1130 (Cal. App. 1998) (relevance to notice and charges in discipline proceedings)
- Malloy v. Board of Education, 102 Cal. 642 (Cal. 1894) (mandamus review of administrative actions)
- Kavanaugh v. West Sonoma County Union High School Dist., 29 Cal.4th 911 (Cal. 2003) (statutory interpretation of education discipline procedures)
- Radian Guaranty, Inc. v. Garamendi, 127 Cal.App.4th 1280 (Cal. App. 2005) (de novo review and statutory interpretation)