193 Cal. App. 4th 402
Cal. Ct. App.2011Background
- Candari, a tenured LAUSD carpenter and union steward, was suspended and later terminated following a September 13, 2006 incident involving alcohol at lunch.
- Hearing officer recommended backpay with reinstatement, subject to offset for any earnings, but the Commission denied backpay.
- LAUSD challenged, and the trial court conducted independent judgment review under Davis and related case law.
- The trial court found LAUSD failed to prove Candari’s mitigation, granted the writ, and directed backpay remand.
- LAUSD and the Commission appealed the writ and backpay determination, arguing discretionary factors and mitigation burden.
- The Court of Appeal affirmed, holding that mitigation and comparable-earnings evidence are required to support backpay denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly conducted independent review of the backpay decision. | Candari argues proper independent review; weighs record credibility. | LAUSD/Commission contend deference to agency findings suffices. | Independent judgment applied; weight of evidence supports court's reversal of denial. |
| Who bears the burden to prove mitigation and availability of comparable work. | Candari asserts employer bears burden to prove lack of comparable work. | LAUSD/Commission argue discretionary backpay award and lack of mandatory mitigation. | Employer bears burden to prove mitigation; show comparable work is required before offsetting earnings. |
| Whether denial of backpay was supported by substantial evidence given mitigation requirements. | Backpay denial lacked substantial evidence of no comparable work. | Backpay denial justified by mitigation but failed to prove comparable opportunities. | Record supports reversal; backpay should be awarded due to failure to prove mitigation. |
Key Cases Cited
- Parker v. Twentieth Century-Fox Film Corp., 3 Cal.3d 176 (Cal. 1970) (employer bears burden to prove mitigation; comparable work required)
- Davis v. Los Angeles Unified School District Personnel Com., 152 Cal.App.4th 1122 (Cal. App. 2007) (independent review applies to fundamental vested rights; burden on employer for mitigation)
- Martin v. Santa Clara Unified School Dist., 102 Cal.App.4th 241 (Cal. App. 2002) (mitigation evidence of comparable positions reduces backpay when not sought by employee)
- Bixby v. Pierno, 4 Cal.3d 130 (Cal. 1971) (standard for independent review; permissible in agency-like decisions)