Entezampour

INTRODUCTION

In July 2003, plaintiff Mohammad Entezampour was hired by defendant North Orange County Community College District (the District), as dean of the science, engineering, and mathematics division at Cypress College. In February 2007, Entezampour was notified that the District would not be renewing his employment as dean for the following academic year. He sought to exercise the so-called “retreat rights” provided to certain administrators under Education Code section 87458. (All further statutory references are to the Education Code, unless otherwise specified.) Section 87458 provides that an administrator “shall have the right to become a first-year probationary faculty member once his or her administrative assignment expires or is terminated,” upon the satisfaction of statutorily enumerated conditions.

When the District refused to reassign Entezampour to a faculty member position, he filed a first amended verified petition for a writ of mandate (the *835 petition) seeking to compel his reassignment. The trial court sustained the District’s demurrer to the petition, without leave to amend, and Entezampour appeals.

We reverse. In order to obtain writ relief,…