Henderson v. Newport-Mesa Unified School District

*484 Opinion

Gloria Cheung Henderson appeals from a judgment of dismissal entered after the trial court sustained a demurrer to her complaint without leave to amend. Henderson, a teacher, sued Newport-Mesa Unified School District and its governing board (the District), alleging claims for damages based on (1) the District’s failure to accord her “first priority” when they elected to fill a vacant position in the subject matter she had previously taught, as required by Education Code section 44918 (unless otherwise specified, all further statutory references are to this code), and (2) the District’s discrimination against her on the basis of her race, in violation of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.).

The trial court sustained the District’s demurrer to both causes of action on the basis Henderson’s claims were barred by res judicata, because she had participated in an administrative proceeding which adjudicated her rights in connection with the District’s decision to lay off a large number of teachers at the end of the prior school year, and she later voluntarily dismissed her petition for writ of mandate challenging the adverse…