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California Court of Appeal


Farahani v. San Diego Cmty. College Dist., D054087

Trial court order granting plaintiff's petition for writ of mandate to require defendant to reinstate plaintiff with full back pay, interest and benefits and requiring its governing board to determine whether plaintiff should be terminated is affirmed where: 1) the court properly ruled that the Agreement between the parties was invalid and unenforceable, and violated Education Code sec. 87485 and plaintiff's due process rights; and 2) the court did not abuse its discretion in rejecting defendant's laches and unclean hands defense, and in finding that the exhaustion of remedies doctrine did not apply.

Appellate Information

  • Decided 07/28/2009
  • Published 07/28/2009

Judges

  • McINTYRE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Stutz Artiano Shinoff & Holtz, Ray J. Artiano and Richard E. Romero, San Diego, for Defendants and Appellants., Grady and Associates, Dennis M. Grady, San Diego, Kenneth W. Baisch, and Bradley K. Moores for Plaintiff and Respondent.
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