Middaugh v. Board of Trustees

California Court of Appeal Mar 6, 1975 No. Civ. 44097Published

Before: Thompson

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Holding. The court held that the teacher's petition for a writ of mandate stated a valid cause of action for permanent status, and that the trial court erred in granting judgment on the pleadings because the administrative agency's prior decision did not have collateral estoppel effect on the jurisdictional issue.

Issues

Whether a teacher's petition for a writ of mandate to establish permanent status states a cause of action sufficient to survive a motion for judgment on the pleadings.
Whether an administrative agency's decision to terminate a teacher as a probationary employee precludes a judicial determination of that teacher's permanent status.
Whether state agencies responsible for issuing teaching credentials are indispensable parties to a mandate action regarding a teacher's tenure status.

Disposition. reversed

Quotations verified verbatim against the opinion

“Concluding that appellant’s petition states a cause of action in mandamus, we reverse the judgment.”

“Mandate directed to the governing board of a school district is an appropriate vehicle to compel the district to recognize a teacher’s status as a permanent employee and may be pursued without first exhausting any administrative remedy.”

“Having done so, the Board’s judgment cannot be given collateral estoppel effect on the jurisdictional issue.”

Opinion

THOMPSON, J.

This is an appeal from a judgment on the pleadings entered on the motion of respondent school district (District) in appellant’s action for writ of mandate to establish her status as a permanent teacher and for an injunction to restrain proceedings to .terminate her employment as a probationary employee. Concluding that appellant’s petition states a cause of action in mandamus, we reverse the judgment.

On April 23, 1971, appellant filed her two-count petition which began the case at bench. The first cause of action seeks a writ of mandate

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compelling District to recognize appellant’s status as a permanently employed primary school teacher. The petition alleges: (1) District has an average daily attendance of 250 or more; (2) at all relevant times appellant was a “duly certificated public school teacher, holding a standard teaching credential authorizing her to teach all subjects in grades one through nine of the schools of the State of California”; (3) she was employed by District as a probationary elementary school teacher, in a position requiring certification qualification for the school years 1967-1968, 1968-1969, and 1969-1970; (4) appellant was reelected by the board of trustees of District for the 1970-1971 school year and because of that employment became a permanent employee of the District, entitled to teach in it; (5) she continued to serve as a teacher in District until February 2, 1971, when she was absent temporarily because of an injury suffered on the job; and (6) while appellant is ready and willing to serve as a duly certificated teacher of District, District refuses to recognize her as a permanent employee.

The second cause of action repeats the content of the first and adds the allegation that District has instituted procedures to terminate appellant’s employment, utilizing the process applicable to probationary teachers. It seeks injunctive relief against District proceeding against appellant by the procedures applicable to other than permanent employees.

District answered the petition claiming that appellant held only a provisional standard teaching credential during the 1967-1968 school year, and that in the 1968-1969, 1969-1970, and 1970-1971 years, she held a partial fulfillment standard credential.

Middaugh v. Board of Trustees

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THOMPSON, J.

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