Ellerbroek

I

Statement of the Case

This is an appeal by the Saddleback Valley Unified School District (hereinafter the Appellant District) and the Board of Education of the Saddleback Valley Unified School District (hereinafter the Appellant Board), from the superior court’s judgment (dated and filed on Sept. 22, 1980, and entered on the same date). That judgment granted a peremptory writ of mandate (under Code Civ. Proc., § 1085) ordering the reinstatement for the 1980-1981 school year of Barry Ellerbroek (hereinafter referred to as the Respondent) to his former position as principal of LaPaz Intermediate School, where he had been principal for the preceding six years. The lower court found that he had been unlawfully reassigned to the district office position of supervisor of special projects.

In addition to ordering the Respondent’s reinstatement, the lower court also awarded him all of his attorney fees pursuant to Government Code section 800 and Code of Civil Procedure section 1021.5.

As part of the aforementioned judgment, the court stated: “Pursuant to the powers conferred upon this Court by Code of Civil Procedure Section 1110b, it is directed that an appeal of this…