Los Angeles Community College Dist. v. Gabrie CA2/8

BACKGROUND

Plaintiff’s declaratory relief complaint made the following allegations: Defendant was a permanent academic employee of plaintiff, teaching dental technology courses at Los Angeles City College. On September 1, 2010, plaintiff sought defendant’s dismissal for performance issues, and filed an Accusation with the Office of Administrative Hearings. Defendant appealed his dismissal, and a hearing on the appeal was set for January 2011. On December 13, 2010, the parties participated in a mandatory settlement conference with Administrative Law Judge Ralph B. Dash at the Office of Administrative Hearings. Defendant and his attorney, Lawrence Rosenzweig, appeared at the conference, as did several of plaintiff’s representatives and plaintiff’s counsel, Melanie Chaney. The parties reached a tentative settlement at the conference. Because defendant was too young to retire and collect benefits, plaintiff would keep defendant on paid

2 administrative leave until January 31, 2012, which was a few days after his 55 th birthday. Defendant would then resign and retire from his position, effective February 1, 2012. Defendant agreed not to apply for or accept any employment with…