Governing Board v. Superior Court

The Governing Board of the Alum Rock Union Elementary School District (Governing Board), rejecting the recommendation of an administrative law judge, decided not to rehire Delfino Garza, a probationary teacher, for the following school year. Garza filed a petition for administrative mandate in respondent superior court. In the course of a deposition, Governing Board member Albert refused on advice of counsel to answer two questions the thrust of which was whether Albert had read a transcript of the hearing before the administrative law judge before she voted not to rehire Garza. On Garza’s motion respondent court ordered Albert to answer, with the proviso that she be asked whether she had reviewed, rather than whether she had read, the transcript.

The Governing Board petitioned for a writ of mandate to review respondent court’s order. On February 19, 1985, we notified the parties that we would consider issuing a peremptory writ of mandate in the first instance and asked counsel for Garza to serve and file points and authorities in opposition to the Governing Board’s petition. We have received and considered Garza’s opposition and a reply to the opposition filed by the…