Griego

Griego v. Los Angeles Unified School District

Good Law
1994 Cal. App. LEXIS 944·28 Cal. App. 4th 515·33 Cal. Rptr. 2d 556·94 Daily Journal DAR 13297·94 Cal. Daily Op. Serv. 7236
Court of Appeal of CaliforniaSeptember 20, 1994B072710California1,922 words

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…

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