(DOWNLOAD) "People v. Stankewitz" by In the Court of Appeal of the State of California Fifth Appellate District " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Stankewitz
- Author : In the Court of Appeal of the State of California Fifth Appellate District
- Release Date : January 09, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
In this employee termination administrative mandamus case (Code Civ. Proc., ร§ 1094.5), the petitioner, Daniel Ashford (petitioner), a former employee of the Culver City Unified School District (the District), appeals from the trial courts judgment. That judgment ordered the issuance of a peremptory writ of mandate, directed to the Board of Education of the Culver City Unified School District (the Board). It commanded the Board to aside its decision that there was cause for termination of petitioners employment, hold a new administrative hearing for the purpose of allowing the District to present additional evidence, and reconsider its decision. Petitioner contends there is no legal authority for the trial courts remand for a second hearing. He argues that section 1094.5 provides for only two circumstances when an administrative matter may be remanded for the taking of additional evidence (see fn. 3, post), and that neither of those circumstances are present here. Thus, he contends that the judgment of the trial court should be reversed.