Basurto

Basurto v. Imperial Irrigation District

Good Law
150 Cal. Rptr. 3d 145·2012 Cal. App. LEXIS 1240·211 Cal. App. 4th 866
Court of Appeal of CaliforniaNovember 8, 2012No. D058353California11,652 words

Opinion

Lead Opinion

Haller, J.

*870 Opinion

I. INTRODUCTION

Plaintiff Salvador Basurto (Basurto) appeals from the trial court’s order granting summary judgment in favor of defendant Imperial Irrigation District (the District) on Basurto’s damages claims alleging age and/or race discrimination and wrongful termination. The trial court determined that Basurto’s civil claims were barred, under principles of collateral estoppel and res judicata, by a prior adverse administrative decision of the District’s governing board (District Board). In that hearing, the District Board had concluded, after an evidentiary adversarial hearing pursuant to the District’s internal grievance procedures, that Basurto’s termination for causing a serious vehicular accident while affected by alcohol was supported by the evidence and warranted under the District’s policies regarding alcohol use and negligent operation of a District vehicle. Basurto did not raise his discrimination and wrongful termination allegations at that hearing, nor did he raise issues of claimed bias and due process violations.

Basurto challenged the administrative ruling by means of a petition for writ of mandate and civil complaint in the superior court. In…

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