California Court of Appeal

Dismissal of plaintiff's complaint alleging defendant school district failed to accord her "first priority" when they elected to fill a vacant position in the subject matter she had previously taught and discriminated against her, is reversed, where: 1) plaintiff sufficiently alleged for pleading purposes, that defendant failed to fulfill its duty under California Education Code section 44918, which imposes a mandatory duty on the district to accord temporary teachers such as plaintiff first priority in hiring under specified circumstances; 2) section 44918 gives rise to a private right of action for violation of that duty; and 3) the trial court erred in concluding plaintiff's current claims were barred by the doctrine of res judicata because the administrative hearing only addressed plaintiff's classification as a temporary employee.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel