California Court of Appeal

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Earl v. State Personnel Bd., C074677

In this case, plaintiff parole agent was disciplined by his employer, the California Department of Corrections and Rehabilitation, for conducting a purportedly unlawful search of a residence. After an administrative hearing, the discipline was upheld by defendant State Personnel Board. Denial of plaintiff's administrative mandamus petition seeking to overturn the Board's decision is reversed, where: 1) plaintiff was entitled to actual notice of the contents of the "Letter of Intent" within one year of the date of discovery, not constructive notice by mail as perfected by his employer; and 2) service by mail was untimely as it was received after the outer limit of the relevant notification period.

Appellate Information

  • Decided 11/13/2014
  • Published 11/13/2014

Judges

  • Duarte

Court

  • California Court of Appeal

Counsel


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