Egelston v. State Personnel Bd.

Filed 7/15/25 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

JONATHAN EGELSTON, 2d Civil. No. B337182 (Super. Ct. No. 2023- Plaintiff and Appellant, CU-WM-011026) (Ventura County) v.

STATE PERSONNEL BOARD et al.,

Defendants and Respondents,

DEPARTMENT OF CORRECTIONS AND REHABILITATION,

Real Party in Interest.

The Department of Corrections and Rehabilitation (Department) issued a Notice of Adverse Action (NOAA) dismissing appellant Jonathan Egelston from his position as a youth correctional officer assigned to the Ventura Youth Correctional Facility after he assaulted and harassed his girlfriend J.G. and then lied about it. After the State Personnel

Board (SPB) upheld appellant’s dismissal following an evidentiary hearing, he petitioned for a writ of mandate to reverse that decision and the trial court denied the petition. Appellant contends that all claims and issues related to the findings that he assaulted J.G. and lied about it are barred by the doctrines of res judicata and collateral estoppel because prior to issuance of the NOAA, the family law court dismissed J.G.’s request for a domestic violence restraining order (DVRO) without prejudice. We conclude this contention is forfeited and in any event lacks merit. Accordingly, we affirm. Facts And Procedural History Appellant began working for the Department as a youth correctional officer in 2009. As a Department employee, appellant’s conduct was governed by various rules and regulations including that he act with professionalism both on and off duty, refrain from committing assaults, and cooperate and be honest with outside law enforcement and the Department’s internal affairs representatives. On November 17, 2021, appellant’s then-live-in girlfriend J.G. went to the Ventura County Sheriff’s Office and reported that the previous night appellant had slapped her, grabbed her by the jaw and wrist, choked her, and spit in her face. The deputy who interviewed J.G. noted seeing a bruise forming on her wrist and took photographs of her wrist, neck and face. Based on the totality of the circumstances, the deputy determined that appellant had committed domestic violence against J.G. That same day, appellant repeatedly called J.G.’s cellphone without receiving an answer and sent her numerous text messages in which he demanded that she come home and threatened to take her young daughter if she did not comply.