Lomeli

Lomeli v. Department of Corrections

Good Law

108 Cal. App. 4th 788·134 Cal. Rptr. 2d 179·2003 Cal. App. LEXIS 717·2003 Daily Journal DAR 5171·2003 Cal. Daily Op. Serv. 4076

Court of Appeal of CaliforniaMay 14, 2003C041520California4,004 words

Opinion

Sims, J.

Appellant California Department of Corrections (CDC) appeals from a judgment granting a petition for writ of mandate filed by respondent Nathan A. Lomeli. The judgment directed issuance of a peremptory writ of mandate commanding CDC to comply with an administrative decision and order by real party in interest State Personnel Board (SPB), requiring CDC to reinstate Lomeli to his former position as correctional officer and pay him backpay and benefits. In this appeal, CDC argues Lomeli’s writ petition in the trial court was premature because CDC still had time to seek judicial review of the SPB decision. We disagree and shall affirm the judgment.

Factual and Procedural Background

Lomeli was employed by CDC as a nonprobationary correctional peace officer at a correctional facility.

On December 1, 2000, CDC terminated Lomeli’s employment for alleged misconduct under Government Code section 19572. The documents appended to the writ petition reflect the alleged misconduct consisted of rape, sexual assault, and other sex offenses committed in Santa Cruz on September 18, 1998, and dishonesty when interviewed about the sexual misconduct on July 12, 2000. Criminal charges were…

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