Los Angels Unified School Dist. v. Adams CA2/1

Filed 4/29/16 Los Angels Unified School Dist. v. Adams CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

LOS ANGELES UNIFIED SCHOOL B262506 DISTRICT, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BC420518) v. JOHN W. ADAMS, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. C. Edward Simpson, Judge. Affirmed. John W. Adams, in pro. per., for Defendant and Appellant. Koeller, Nebeker, Carlson & Haluck and Dennis K. Wheeler, for Plaintiff and Respondent.

Appellant John Adams, in propria persona, appeals from the judgment entered for respondent Los Angeles Unified School District (LAUSD) after a court trial in LAUSD’s action seeking to recoup overpayments of salary and benefits to Adams, a retired LAUSD teacher. As we shall explain, appellant has failed to demonstrate reversible error. Accordingly, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Appellant was employed as a teacher for LAUSD from 1996 until 2009. During the 2007-2008 school year, appellant and LAUSD settled a salary dispute. The settlement, dated November 2009, provided that appellant released the LAUSD from all claims that exist or that “may arise in the future” against LAUSD.1 Appellant retired from LAUSD in 2009 taking disability retirement with the California State Teachers’ Retirement System (CALSTRS). In 2007, LAUSD implemented a new payroll system. As a result of problems and errors with the system, thousands of LAUSD current and former employees, including appellant, received overpayments of salary and retirement benefits. LAUSD undertook efforts to recoup the overpayments. In January 2010, after the informal collection efforts failed to obtain the overpayments from appellant, LAUSD filed a complaint for, among various causes of action, recovery of “Money Paid by Mistake” (Civ. Code, § 1577) and a common count for “Money Had And Received.” (Capitalization omitted.) LAUSD alleged that appellant was “mistakenly paid and received unearned salary payments for certain payroll periods beginning as early as January 2007, with a current overpayment balance of $14,134.44.” Appellant filed a series of cross-complaints against LAUSD asserting a number of affirmative claims and defenses. Specifically, his eighth amended cross-complaint included claims for breach of contract, harassment, failure to pay wages (Civ. Code, § 3287) and violation of wage garnishment laws. The trial court sustained LAUSD’s