Franzosi

Franzosi v. Santa Monica Community College District

Good Law
118 Cal. App. 4th 442·13 Cal. Rptr. 3d 25·2004 Cal. App. LEXIS 698·2004 Daily Journal DAR 5554·2004 Cal. Daily Op. Serv. 4001
Court of Appeal of CaliforniaApril 26, 2004B168749California3,976 words

Opinion

Opinion

Flier, J.

Appellant Ricardo Franzosi appeals from a judgment for respondents after the trial court denied his petition for a writ of mandate seeking an order to reinstate him as a full-time professor at Santa Monica College (College). The trial court ruled that Franzosi had 39 months from the effective date of his disability retirement to request reinstatement under Education Code section 87789. Franzosi contends that he had 39 months from the date he was determined to be eligible for disability retirement, giving him an additional eight months, to request reinstatement. We agree with the trial court and affirm.

STATEMENT OF FACTS

Franzosi started working for the District in 1980 as a part-time instructor in computer science at the College. He became a full-time instructor in 1984 and obtained tenure in 1986.

Franzosi worked full time from 1984 to spring 1995, but he did not work during the summer session in 1995. Before the fall semester in 1995, Franzosi notified the District that he would not be able to teach that term because of a medical condition. Franzosi used his accrued sick leave for that semester. In 1996, Franzosi was diagnosed with clinical depression.

Before the…

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