McDaniel v. Board of Education of the Mountain View School District

Opinion

VOGEL (C. S.), P. J.—

Introduction

Plaintiff and appellant Marceline S. McDaniel, an employee of defendant and respondent Mountain View School District, sued the District, the Board of Education of the Mountain View School District, the individual members of the Board, and the Superintendent of Schools (hereafter collectively referred to as respondent). Appellant alleged that respondent wrongfully denied appellant’s late application to participate in an early retirement program. Contending that this denial was in retaliation for appellant’s prior public criticism of the Board, appellant asserted a cause of action for violation of the federal Civil Rights Act, 42 United States Code section 1983. The trial court sustained a demurrer to appellant’s complaint, without leave to amend, on the ground of appellant’s prior failure to seek judicial review of respondent’s action by writ of mandate. We reverse, concluding that because Code of Civil Procedure section 1094.5 does not apply to the facts of this case, appellant was not required to file a writ of mandate before pursuing her federal cause of action.

Factual and Procedural Background

Appellant was employed by respondent as a school nurse and was eligible for a one-time early retirement plan. Appellant notified respondent on June 11, 1993, that although she missed the June 1, 1993, deadline, she was electing the plan. Respondent denied appellant’s application on the ground it was untimely. Appellant contended a late application could have been accepted as late as June 30, 1993, and that the denial of her application was actually in retaliation against her for criticisms of the Board of Education she made in May and early June, in letters to local newspapers and the teachers association and at a public Board meeting.

In a formal “Claim for Rights of Early Retirement” dated June 24, 1993, appellant’s attorney “reserv[ed] the right to proceed by Traditional Mandamus, and/or Administrative Mandamus, to correct the abuse of discretion

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exercised in denying Claimant’s rights to early retirement . . „ Appellant’s attorney did not do so, but instead filed the instant action on October 27,1993. Respondent demurred on the ground that appellant’s failure to seek mandamus review of the denial of benefits barred the present action for federal civil rights damages and other relief. Appellant contended she was not required to seek mandamus as a prerequisite to a federal civil rights action. The trial court ruled appellant was.