Peradotto

Peradotto v. State Personnel Board

Good Law
101 Cal. Rptr. 595·1972 Cal. App. LEXIS 1007·25 Cal. App. 3d 30
Court of Appeal of CaliforniaApril 19, 1972Civ. No. 30717California3,307 words

Opinion

Lead Opinion

Taylor, J.

Louis B. Peradotto, a former employee of the State Department of Professional and Vocational Standards (hereafter Department) 1 appeals from a judgment denying his petition for a writ of mandamus- seeking reinstatement and back pay after the State Personnel Board (hereafter Personnel Board) on May 8, 1969, affirmed his layoff by the Department on grounds of economy. He contends that: 1) the findings of the Personnel Board are not supported by substantial evidence; 2) his layoff was not made in good faith as it was not made based on economy, but retaliation by the former Department Director Shine; 3) his duties were reassigned to persons in exempt classifications, in violation of Government Code section 19531; and 4) the layoff deprived him of due: process as he was deprived of the opportunity to subpoena Shine, a material witness; was not given proper notice, placed on a reemployment list, given an election to choose demotion pursuant to Government Code section 19535, and was deprived of his rights pursuant to Government Code sections 19452, 19455 and 19555.

Before turning to the facts, it must initially be noted that factual determinations of a statewide administrative…

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