California School Employees Ass'n v. Los Angeles City Unified School District

Petitioner California School Employees Association (CSEA) and Dieter Nicklesberg, a classified employee of respondent Los Angeles City Unified School District of Los Angeles County (District) sought a writ of mandate compelling District:

The order placing employees on unpaid leaves of absence never went into effect. It is therefore moot and not subject to judicial review.

The trial court denied the petition, entering the following findings of fact:

The trial court also concluded that:

District contests petitioner’s assertion that it lacks the right or power to place the employees in question on unpaid leaves of absence not to exceed five or two days, as the case may be. There is, accordingly, a present and actual controversy before us as to the validity of District’s rules and we proceed to adjudicate that dispute. (Chas. L. Harney, Inc. v. Contractors’ Bd. (1952) 39 Cal.2d 561, 564 [ 247 P.2d 913 ]; Klinker v. Klinker (1955) 132 Cal.App.2d 687, 693 [ 283 P.2d 83 ]; see Gov. Code § 11440.)

Petitioner contends that the leave of absence provision of the Education Code, limiting the reasons for leave to illness, injury, vacation and the like, impliedly prohibit District…