California Court of Appeal

Petition for writ of mandate to compel plaintiff's reinstatement to her position as a probationary nurse with defendant, arguing that the notice of her termination was insufficient, is denied, where: 1) actual notice of the decision not to rehire plaintiff for the next school year was communicated to her by the resolution adopted by the defendant's board at a meeting she attended; 2) plaintiff's rejection of defendant's request to meet personally to receive notice that her contract would not be renewed, and her request to receive notice by certified mail, effectively waived any right she had to be personally served; and thus, 3) plaintiff had actual notice of non-retention before March 15, and defendant therefore complied with Education Code section 44929.2.

Appellate Information

• Decided 06/04/2013
• Published 06/04/2013

Judges

• RICHLI

Court

• California Court of Appeal

Counsel