Carpiaux

Carpiaux v. Peralta Community College District

Good Law
215 Cal. App. 3d 1202
Court of Appeal of CaliforniaNovember 20, 1989[No. A038271California1,348 words

Opinion

Lead Opinion

Stein, J.

. . . * Andre Carpiaux was discharged from his job as an instructor at the East Bay Skills Center, administered by the Peralta Community College District (District). . . .* After unsuccessfully pursuing his various administrative remedies, Carpiaux filed in the superior court a complaint and a petition for writ of mandate, seeking back payment of wages and reinstatement.

Carpiaux, over the District’s objection, . . .* amended his complaint to state a cause of action for breach of the implied covenant of good faith and fair dealing. A jury returned a general verdict awarding Carpiaux damages of $500,000. The District filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial, which motion was denied by operation of law.

The District appeals from the judgment entered upon the jury’s verdict and from the denial of its motion for judgment notwithstanding the verdict or for a new trial.

The Timeliness of the Appeal

An initial issue is whether the District’s appeal was untimely filed and whether this court thus is deprived of jurisdiction to hear the appeal.

*1223 California Rules of Court, rule 2, provides that notice of appeal shall…

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