California Court of Appeal

Grant of an extraordinary writ requiring defendant-school district to reemploy plaintiff in preference to new applicants for any available position with district for which plaintiff applies and for which he is qualified is affirmed where: 1) Education Code section 45298 gave employees laid-off for lack of work or lack of funds reemployment preference over new applicants; and 2) Education Code section 45308 is relevant to the rights of the individual members of a class vis-a-vis each other and is not relevant to the rights of laid-off employees versus new applicants.

Appellate Information

• Decided 11/20/2008
• Published 11/20/2008

Judges

• O'ROURKE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Stutz, Artiano, Shinoff & Holtz, Daniel R. Shinoff, Paul V. Carelli, IV, San Diego, for Defendant and Appellant., Patrick F. O'Connor, La Mesa; and Boudreau Williams, Jon R. Williams, San Diego, for Plaintiff and Respondent.