California Teachers Assn. v. Governing Board

Introduction

The respondents in the trial court, the Governing Board of Garvey School District and District Superintendent Andrew J. Viscovich (“respondents”), appeal the trial court’s judgment granting a peremptory writ of mandate commanding them to reinstate Dean Grelling as a certified employee of Garvey School District.

On December 15, 1983, petitioners California Teachers Association and Garvey Education Association (“petitioners”) filed a complaint for an injunction, declaratory relief, and petition for writ of mandate. Having granted the motion for a peremptory writ of mandate, the trial court’s notice of ruling, filed November 24, 1986, stated that respondents had failed to perform their legal duties, and had abused their discretion. The trial court ordered Grelling reinstated as a probationary employee as of September 12, 1983, together with back pay from that date less the amount of salary earned in mitigation.

The judgment granting a peremptory writ of mandate was filed on December 9, 1986. Petitioners filed a Notice of Entry of Judgment on December 24, 1986, and served a copy of that document upon respondents by mail on December 23, 1986. Respondents filed…