Eldridge
Eldridge v. Superior Court
Opinion
Opinion
Franson, J.
Statement of the Case
Petitioner Ruth Eldridge, an eight-year employee of Sierra View District Hospital, was elected to the governing board (Board) of the hospital district at a public election. Pursuant to a recently enacted district bylaw, which precluded employees from sitting on the Board, her employment with the hospital was terminated. Eldridge sued for violation of her civil rights and wrongful termination. She sought summary adjudication that the termination violated her rights to free speech and to engage in political activity. The trial court denied the motion finding that the bylaw reflected the state’s public policy to prevent conflicts of interest. Eldridge petitioned for a writ of mandate, and this court issued an order to show cause.
The threshold question is whether Eldridge’s mandate petition to this court was timely filed. We conclude it was not, and the court is without jurisdiction to hear the petition.
Discussion
The clerk’s mailing of a file-stamped copy of the order denying the motion constituted service of “written notice of entry of the order” under Code of Civil Procedure section 437c, subdivision (l).
Procedural Facts;