Coppernoll

James G. Coppernoll appeals the superior court’s denial of his petition (Code Civ. Proc., § 1094.5) for writ of mandate. He alleged his termination of employment by the Board of Directors, San Diego State University Foundation, Inc. (Foundation) violated his procedural due process rights by denying him the opportunity for a fair hearing before discharge. The Foundation contends Coppernoll erroneously assumes he is a permanent state employee in seeking the protection of grievance procedures that do not apply to him.

Coppernoll’s petition alleges the Foundation was formed as a nonprofit organization to manage major funds, grants-in-aid, endowments, gifts, bequests, tmsts, loans and scholarships for California State University (University); as a result the Foundation has become indispensible to the budget management of the University. As an auxiliary organization of the University, the Foundation’s conduct has become so intertwined with the University that its activity is “quasi-public.” This “symbiotic” relationship and “close nexus” is the “functional equivalent of a public agency.” From this sophistically established premise Coppernoll seeks to derive the rights to a…