Russell v. Thermalito Union School District

Opinion

REGAN, Acting P. J.

Plaintiff sought in the trial court to recover attorney fees and costs for successfully defending against an attempt by defendant to discharge him from his teaching position.

A statute, Education Code section 44944, subdivision (e) (which was formerly § 13413), provides that if the employee is successful in such circumstances, the governing board of the school district shall pay expenses of the hearing, including reasonable attorney fees incurred by the employee.

The trial court denied such expenses, based on a comprehensive analysis of the statutory and case law which appeared to that court to

[882]

be applicable, either directly or by analogy. Before a judgment was reached, hearing was held, arguments and points and authorities were entertained, an announcement of intended decision was rendered and findings of fact and conclusions of law were filed.

The essence of the trial court’s ultimate decision was that since plaintiffs legal fees were to be paid under a group plan whereby he had a right to legal counsel furnished by the California Teachers Association (CTA) (group legal services, through a contracting law firm), and since the association would pay the fee, plaintiff did not himself “incur the fee” within the meaning of Education Code section 44944, subdivision (e).

1

The trial court’s ruling was based in part on its interpretation of the document which plaintiff signed when he applied for legal representation through the group plan, which, in short, entitled plaintiff to legal services if he used the firm contracting with the association to represent its members. The court expressly did not believe plaintiff’s testimony that although he did use that firm he did so only because he thought it the best in its field, and believed he would be responsible for the fee. The court found plaintiff understood all along he would not be personally liable for the firm’s fee.

All the aforementioned findings of fact are based on rules of credibility and weight and are not for us to disturb, but the conclusions of law applied to these facts are not sacrosanct. One of the court’s conclusions of law was as follows: “Had the Legislature intended to permit the recovery of attorney fees advanced by CTA for successful defense of a dismissal action, it could readily have included appropriate language in Education Code Sec. 44944(e) specifically requiring the governing board of a school district to reimburse any professional association financing such successful defense.”