Motevalli

Motevalli v. Los Angeles Unified School District

Good Law
122 Cal. App. 4th 97·18 Cal. Rptr. 3d 562·2004 Cal. App. LEXIS 1488·2004 Daily Journal DAR 11283·21 I.E.R. Cas. (BNA) 1363
Court of Appeal of CaliforniaSeptember 9, 2004B165380California7,434 words

Opinion

Opinion

Klein, J.

Plaintiff and appellant Amitis Motevalli (Motevalli) appeals a judgment in favor of defendant and respondent Los Angeles Unified School District (the District) entered following a grant of judgment notwithstanding the verdict (JNOV).

The District has filed a protective cross-appeal from the original judgment.

The issues presented are whether the trial court properly granted summary adjudication in favor of the District on Motevalli’s Tameny claim, and whether it properly granted JNOV in favor of the District on Motevalli’s cause of action for damages for violation of her free speech rights under the California Constitution.

Motevalli was an emergency-credentialed teacher who was hired by the District for a specific period of time. The District elected not to renew Motevalli’s contract. The nonrenewal is not actionable under Tameny, supra, 27 Cal.3d 167 , because no cause of action exists for tortious nonrenewal of an employment contract in violation of public policy. (Daly v. Exxon Corp. (1997) 55 Cal.App.4th 39, 45-46 [ 63 Cal.Rptr.2d 727 ].) Further, Motevalli cannot maintain an action for damages for deprivation of the right to free speech under article I, section…

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