Faria

Faria v. San Jacinto Unified School District

Good Law
1996 Cal. App. LEXIS 1121·50 Cal. App. 4th 1939·59 Cal. Rptr. 2d 72·96 Daily Journal DAR 14272·96 Cal. Daily Op. Serv. 8694
Court of Appeal of CaliforniaNovember 26, 1996E015388California3,163 words

Opinion

Opinion

McKINSTER, J.

The defendants appeal from a judgment entered after trial, awarding damages for a wrongful demotion of the plaintiff. We modify the judgment and affirm it as modified.

Factual and Procedural Background

Beginning in the 1989-1990 school year and continuing through 1991-1992, Alfred L. Faria, Jr., served as the assistant principal of San Jacinto High School. By a letter dated March 11, 1992, and received by Faria the following day, the school district notified Faria that he would be reassigned to a teaching position for the ensuing 1992-1993 school year. In response, Faria sued the district, its superintendent, and the school board (collectively, the District) in an eight-count combined petition for writ of mandate and complaint for damages.

The first seven counts sought the issuance of a writ óf mandate declaring that his demotion was invalid and ordering the District to reinstate him to the position of assistant principal for the 1992-1993 school year. Those counts were based upon allegations of various procedural defects in the District’s decision to demote him, but only the fourth count is relevant here. In it, Faria claimed that the notice of his reassignment was…

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