Parker

AMENDED MEMORANDUM *

Dennis L. Parker (“Parker”) appeals the district court’s grant of summary judgment in favor of the Yuba County Water District (“District”) on Parker’s procedural due process claim regarding his employment termination. Because we find that under the particular facts of this case, the District cannot rely on the provisions of California Water Code § 30542 to control whether Parker could be terminated without cause, we reverse and remand to the district court.

Where the terms in a public employee’s employment agreement may be inconsistent with a statute that provides that a position is to be “at the pleasure” of the governing agency, California law recognizes that the governing entity may be collaterally estopped from denying the validity of the contractual terms. See Healdsburg Police Officers v. City of Healdsburg, 57 Cal.App.3d 444 , 129 Cal.Rptr. 216 (1976), overruled on other grounds by Palma v. United States Indus. Fasteners, 36 Cal.3d 171, 181 , 203 Cal.Rptr. 626 , 681 P.2d 893 (1984).

Parker’s position as General Manager was offered to Parker in a written agreement, signed by the then-president of the District’s Board of Directors (“Board”) and by…