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Writ of Mandate

Discussion in 'Alternative Dispute Resolution' started by Rhonda_L, Oct 14, 2009.

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  1. Rhonda_L

    Rhonda_L Law Topic Starter New Member

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    Haven't found anyone that can answer this question, including my attorney as of yet. My husband worked for a school district. We filed a wrongful termination against the school district with 9 causes of action. Over the last year and a half the judge has accepted the school districts motion to strike a couple causes of action, has ruled on a demurrer on a couple more and awarded attorney fees to the attorney of the personnel director who was also a defendent on an anti-slapp motion they filed (we are now in appeal). Now there is one cause of action Wrongful termination. When we requested a hearing on this cause of action the Judge told us she doesn't know how we are going to get around not filing a writ of mandate but she would allow us to amend the case to add it. Then we bifuricated the case to split out the writ from the wrongful termination mostly because of the appeal. When she heard the case on the writ she ruled against us for not exhausting administrative remedies (school board had two policies in place at the time of appeal to the school board to appeal the skelley hearing decision, one was an Administrative regulation said 5 days to appeal and the other Board Policy said 10 days to appeal. We sent notice in 9 days) One month after his termination the school board moved to discontinue the BP for the AR policy.
    There was a lot of trickery involved between the first notice of intent to dismiss my husband and the termination letter. They started with the BP as being what he was being dismiss on and then 4 days before skelley hearing amended the notice of intent to change from BP to AR. The judge never looked at what we offered in support. She focused on only the one amended notice and a false dated service of the same dated one day before we were actually served.
    I know this is confusing. We are about to lose EVERYTHING. He has never even got to say his side to the board let alone in court.
    Does anyone know of anything that we can use to force the judge to hear the last cause of action even though she denied the writ of mandate for not exhausting administrative remedies since she ruled on the other 8 causes of action before a writ of mandate was demanded.
    Thank you for your time and consideration.
     
    Last edited: Oct 14, 2009

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