California Court of Appeal

In an appeal arising out of the trial court's ruling on a petition for writ of administrative mandamus pursuant to California Code of Civil Procedure section 1094.5, contending the trial court erroneously upheld certain findings of the Administrative Law Judge (ALJ), which entitled the California Department of Education to recoup more than $3 million, and a cross-appeal by the Department contending the trial court erroneously overturned one of the ALJ findings, the judgment is: 1) reversed in part where the Department was permitted under Education Code section 8448(h) to conduct its own contract performance audit despite having accepted and closed petitioner's independent financial and compliance audits; and 2) affirmed in part where substantial evidence supports the findings of the ALJ and the trial court that the Department was allowed to recoup (i) costs for commingling eligible and noneligible students, (ii) certain payroll costs for employees who also worked at a charter school on some of the same sites, and (iii) various nonreimbursable costs.

Appellate Information

• Published 2017/02/21

Judges

• ASHMANN-GERST

Court

• California Court of Appeal

Counsel