Griego
Griego v. Los Angeles Unified School District
Opinion
Opinion
Vogel, J.
Plaintiff and appellant Ophra Griego sought a writ of ordinary mandamus (Code Civ. Proc., § 1085) to compel defendants and respondents Los Angeles Unified School District et al. (District) to classify her as a permanent employee. The trial court denied the writ, concluding on undisputed facts that as a matter of law Griego did not meet the statutory qualifications for permanent status (Ed. Code, § 44929.21, subd. (b)), and, therefore, District had no clear and present ministerial duty to classify Griego as permanent.
This appeal from the judgment involves only a question of statutory interpretation, a question of law for this court to resolve independently of the trial court’s conclusion. (Rodriguez v. Solis (1991) 1 Cal.App.4th 495, 501-502 [ 2 Cal.Rptr.2d 50 ].) We reverse, concluding that construing section 44929.21 with section 44975, Griego is entitled to classification as a permanent employee.
Background
The pertinent facts are undisputed. In. the 1989-1990 school year, Griego taught a complete school year (more than 75 percent of the number of days regular school was maintained) as a probationary employee. In the 1990-1991 school year, Griego’s second year as a…