Martinez

Martinez v. County of Tulare

Good Law
190 Cal. App. 3d 1430·1987 Cal. App. LEXIS 1551·235 Cal. Rptr. 851
Court of Appeal of CaliforniaMarch 5, 1987F006475California3,061 words

Opinion

Opinion

Scott, J.

On August 6, 1984, appellant was discharged from her employment with the County of Tulare for violating a county personnel rule. After a hearing before an independent administrative law judge, appellant’s dismissal was upheld by the Tulare County Board of Supervisors on April 16, 1985.

On July 12, 1985, appellant filed a petition for writ of mandate seeking review of her dismissal and reinstatement. This petition was answered on August 30, 1985.

The petition for writ of mandate was denied on October 8,1985. A formal judgment and order regarding this denial was filed on October 16, 1985. A timely notice of appeal was filed on December 2, 1985.

Facts

Appellant was employed as a welfare service aide II for the County of Tulare in the Department of Public Social Services (DPSS). In this position, she worked exclusively for child protective services. Appellant’s duties primarily involved transporting children to court, to their foster parents’ homes, or taking them to various appointments.

During the summer of 1982, appellant also worked at Jolly Kone, a fast-food restaurant, to earn extra income. At this time, appellant was also receiving welfare benefits. In September…

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