Duax

Duax v. Kern Community College District

Good Law
196 Cal. App. 3d 555·1987 Cal. App. LEXIS 2350·241 Cal. Rptr. 860
Court of Appeal of CaliforniaNovember 23, 1987F006693California4,404 words

Opinion

Opinion

Hamlin, J.

Richard Duax, Martha Kieke-Eastridge, and J. Wesley Sanderson (jointly appellants) appeal from a judgment of the Kern County Superior Court denying their Code of Civil Procedure section 1094.5 petition for writ of mandate directing respondent Kern Community College District to reclassify appellants and reinstate their prior teaching positions.

Appellant Sanderson contends he was improperly laid off due to the discontinuance of services he was providing based on the determination of the governing board of respondent that he was not competent to perform services being performed by a junior employee.

Appellants Duax and Kieke-Eastridge urge that they were credentialed to perform services being performed by junior staff members. Duax further asserts that he has “inverse bumping” rights.

We find appellants’ contentions unmeritorious and affirm the judgment.

Facts and Procedural History

Pursuant to authority granted to it under section 87743 of the Education Code, respondent notified appellants Sanderson and Kieke-Eastridge that their instructional services would no longer be needed and appellant Duax that he was being reduced from his full-time assignment following the…

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