Gresher

Gresher v. Anderson

Good Law
127 Cal. App. 4th 88·2005 Cal. App. LEXIS 292·2005 Daily Journal DAR 2288·25 Cal. Rptr. 3d 408·22 I.E.R. Cas. (BNA) 971
Court of Appeal of CaliforniaFebruary 24, 2005A103684California8,111 words

Opinion

Opinion

Parrilli, J.

This case presents questions regarding the California Department of Social Services’s handling of the process for exempting certain community and child care workers from the ban on employment imposed on those with criminal convictions. We conclude the process is unduly restrictive in a number of respects.

Gary Gresher filed suit as a taxpayer and citizen against the Department of Social Services and two of its directors (collectively, the Department). (See Connerly v. State Personnel Bd. (2001) 92 Cal.App.4th 16, 29 [ 112 Cal.Rptr.2d 5 ].) Gresher challenged various Department procedures for dealing with employees of community care facilities and applicants for Trustline registration who are found to have criminal records. The case was disposed of below on a series of cross-motions for summary judgment or summary adjudication. The trial court ruled against Gresher and in favor of the Department, and ultimately entered a judgment dismissing the action. Gresher appeals. We reverse. Our review is de novo. (Wiener v. Southcoast Childcare Centers, Inc. (2004) 32 Cal.4th 1138, 1142 [ 12 Cal.Rptr.3d 615 , 88 P.3d 517 ].)

STATUTORY AND REGULATORY BACKGROUND

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