Ohton
Ohton v. BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY
Opinion
Opinion
O'ROURKE, J.
This case is before us a second time. In Ohton v. Board of Trustees of California State University (2007) 148 Cal.App.4th 749, 769 [ 56 Cal.Rptr.3d 111 ] ( Ohton I ), David Ohton, a strength and conditioning coach at San Diego State University (SDSU), filed an internal complaint alleging retaliation, which the board of trustees of California State University (CSU) timely investigated. Thereafter, he filed an action for damages in superior court against CSU and certain individuals. CSU successfully moved for summary judgment. We reversed, but held that before proceeding with a civil action for damages Ohton was required to first file a petition for a writ of mandate in the trial court for a determination of whether CSU had "satisfactorily addressed" his complaint within the meaning of Government Code section 8547.12, subdivision (c). [1] ( Ohton I, supra, at p. 769.) We remanded the case for Ohton to seek leave to amend his complaint to add a petition for writ of mandate in the superior court. ( Ohton I, supra, at p. 771.) Neither Ohton nor CSU appealed Ohton I.
On remand, Ohton's amended complaint alleged retaliation, and included a petition for writ of mandate,…