Garcia

Garcia v. Los Angeles County Board of Education

Good Law
123 Cal. App. 3d 807·177 Cal. Rptr. 29·1981 Cal. App. LEXIS 2161
Court of Appeal of CaliforniaSeptember 22, 1981Civ. 60534California1,777 words

Opinion

Opinion

McCLOSKY, J.

On June 7, 1979, appellant Joseph Garcia was suspended from Culver City Junior High School for a minimum of five days by the principal after he engaged in a heated argument with another student and was found in possession of a knife. He and his mother, appellant Beatriz Garcia, were subsequently notified that his expulsion from school had been recommended to the local board of education and that a hearing to determine whether he should be expelled from the schools of the Culver City Unified School District would be held on July 17, 1979. At that hearing the school board voted to expel Joseph. Notice of the decision was sent to Mrs. Garcia on July 19, 1979. On appeal to the Los Angeles County Board of Education, the decision was affirmed.

Appellants then filed an application for writ of mandate in superior court requesting judicial review of the decision pursuant to Code of Civil Procedure section 1094.5. The trial court denied appellants’ request that Culver City Unified School District and the Los Angeles County Board of Education be compelled to reverse their decisions expelling Joseph, to expunge any records pertaining to the expulsion and to provide him with…

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