California Court of Appeal

Reset A A Font size: Print

Valenzuela v. Cal. State Personnel Bd., D049051

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.
Copied to clipboard