Ashford

In this employee termination administrative mandamus case (Code Civ. Proc., § 1094.5), the petitioner, Daniel Ashford (petitioner), a former employee of the Culver City Unified School District (the District), appeals from the trial court’s judgment. That judgment ordered the issuance of a peremptory writ of mandate, directed to the Board- of Education of the Culver City Unified School District (the Board). It commanded the Board to set aside its decision that there was cause for termination of petitioner’s employment, hold a new administrative hearing for the purpose of allowing the District to present additional evidence, and reconsider its decision. Petitioner contends there is no legal authority for the trial court’s remand for a second hearing. He argues that section 1094.5 provides for only two circumstances when an administrative matter may be remanded for the taking of additional evidence (see fn. 3, post), and that neither of those circumstances is present here. Thus, he contends that the judgment of the trial court should be reversed.

The court’s directive for a reconsideration hearing was based on its determination that if a proper foundation had been laid at…