California Court of Appeal

Grant of petition for writ of administrative mandate challenging respondent's decision upholding petitioner's dismissal for failing a drug test is affirmed where: 1) respondent abused its discretion in upholding the termination, as there was no substantial evidence to support a conclusion that petitioner was on legally adequate notice, for due process purposes, that his foreign prescription could result in his being tested positive for amphetamines; and 2) no substantial evidence prevented assertion of a defense that the medication might have some legitimate medical use.

Appellate Information

• Decided 07/30/2007
• Published 07/31/2007

Judges

• HUFFMAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Debra L. Ashbrook and Stephen A. Jennings, Sacramento, for Appellant and Real Party in Interest.


• For Appellees:
  
• Benjamin C. Sybesma, West Sacramento, Christine Albertine, Rancho Cucamonga, and Sonia Garcia, for Plaintiff and Respondent., No appearance for Defendant and Respondent.