(Download) "Burgess V. Board Of Education Of Norwalk-La Mirada Unified School District" by Second Appellate District, Division One Court of Appeal of California " Book PDF Kindle ePub Free
eBook details
- Title: Burgess V. Board Of Education Of Norwalk-La Mirada Unified School District
- Author : Second Appellate District, Division One Court of Appeal of California
- Release Date : January 04, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
In this appeal from a judgment pursuant to Code of Civil Procedure section 1094.5 setting aside an administrative determination approving the dismissal of respondents probationary teachers by appellant board of education, appellant contends: (1) respondents' petition for writ of mandate was not filed within the statutory period; (2) the trial court erred in determining that the findings of the board were not supported by substantial evidence before it because the trial court incorrectly deducted normal attrition in work force in computing the number of employees that could be terminated for decline in "average daily attendance" and applied an improper standard in concluding that the terminations here involved were not the result of a reduction in "a particular kind of service"; (3) the trial court erred in stating that appellant should reemploy terminated probationary employees in order of seniority; and (4) the trial court incorrectly stated a rule of computation of damages. We conclude that the trial court inadequately expressed the applicable rule of mitigation of damages and that the remainder of its actions are supported by the record and the law. Accordingly, we modify the judgment and affirm it as modified.