Page

Page v. Miracosta Community College District

Good Law
102 Cal. Rptr. 3d 902·180 Cal. App. 4th 471·2009 Cal. App. LEXIS 2031
Court of Appeal of CaliforniaNovember 23, 2009D054212California13,610 words

Opinion

Opinion

O'Rourke, J.

Appellant Leon James Page appeals from a judgment in favor of respondents MiraCosta Community College District (District) and Victoria Richart, District’s former president and superintendent of MiraCosta Community College (the college). Page filed a multicount petition for writ of mandate challenging the District Board of Trustees’s actions in approving a settlement between Richart and District, contending in part that District violated the Ralph M. Brown Act (Gov. Code, § 54950.5 et seq. ; the Brown Act or Act), made an unconstitutional gift (Cal. Const., art. XVI, § 6) and also illegally expended and wasted public funds (Code Civ. Proc., § 526a) by authorizing a settlement in violation of sections 53260 and 53261. The trial court sustained respondents’ demurrers to one of Page’s Brown Act causes of action, and on the parties’ cross-motions for summary judgment/adjudication, denied Page’s motion and granted summary judgment in District and Richart’s favor on Page’s remaining causes of action.

On appeal, Page contends (1) the trial court erred in its interpretation of sections 53260 and 53261, which limit the “maximum cash settlement” in contract termination cases; (2)…

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