San Francisco Unified School District v. Superior Court

Walter Speed, the real party in interest (Speed), is a permanent, certificated employee of the San Francisco Unified School District (District). He is currently the subject of dismissal proceedings initiated by District. As a part of those proceedings, District petitioned the trial court for an order to compel Speed to submit to a deposition and to produce certain documents. The trial court denied District’s petition and District now asks this court to direct the trial court to set aside its order. We accede to that request.

The case has been fully briefed by District and Speed, and since the issues to be decided are purely matters of law, we have determined that an order to show cause would add nothing to the full presentation al *234 ready made. Thus we decide the matter peremptorily. (McComb v. Superior Court (1977) 68 Cal.App.3d 89, 93 [ 137 Cal.Rptr. 233 ].)

The matter arose when District’s superintendent, Robert Alioto, filed, with its governing board, written charges and notice of intention to dismiss Speed (Ed. Code, § 44934), 1 alleging, as grounds for dismissal, immoral conduct (§ 44932, subd. (a)); evident unfitness for service (§ 44932, subd. (e)), and…