Maldonado

INTRODUCTION

In this case, we are asked to determine whether the superior court erred in granting summary judgment on a labor union’s contract cause of action against two former members, and in denying a petition for writ of mandate filed by one of those members. For the following reasons, we reverse the grant of summary judgment.

STATEMENT OF THE CASE

On June 3, 2004, Michael S. Pittman (Pittman) filed a petition for a writ of mandate in Sacramento Superior Court seeking reversal of the fine imposed against him by CDF Firefighters (CDFF), a labor union, and reinstatement as a member. In his petition, Pittman alleged that “appeal of the expulsion decision was excused due to futility or impossibility since the matter would be heard by the very Board participants who had acted against. . . Petitioner, thereby rendering the confirmation of Petitioner’s expulsion inevitable, and Petitioner’s appeal pointless.”

On June 16, 2004, CDFF filed a complaint for damages in Fresno Superior Court alleging that Richard A. Maldonado (Maldonado) and Pittman each owed CDFF over $22,000 in fines. In the complaint, CDFF alleged that Maldonado and Pittman were members of CDFF and breached…