City of Fresno v. Superior Court

Petitioners City of Fresno, Phillip Daher, Karen Tomlinson and Dave Herb (defendants) seek a writ of mandate requiring the Superior Court of Fresno County to grant their motion for summary judgment in Steven R. Santos’s civil action for wrongful discharge, intentional interference with contractual relations, and intentional and negligent infliction of emotional distress.

Santos’s civil action is based on defendants’ alleged wrongful removal of Santos from his position as a neighborhood service supervisor with the Fresno City Department of Parks and Recreation (Parks & Recreation). The petition requires us to decide whether Santos should have been precluded from maintaining his tort action for damages because he had not exhausted all administrative remedies. We conclude he should have. We will grant the writ of mandate requiring the trial court to grant summary judgment in favor of defendants.

Procedural and Factual Background

On or about August 17, 1983, the City of Fresno (City) discharged Santos from his job with Parks & Recreation. Santos appealed his order of removal to the Fresno City Civil Service Board (board). The board, after 29 days of hearings, upheld the…