C IV-130
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY /Name, Stele Ber number, end address):

—Robert A. Bartosh

- SBN 159383

Hathaway, Perrett, Webster, Powers, Chrisman & Gutterrez, APC

5450 Telegraph Road, Suite 200
Ventura, CA 93003-4120
FAX NO./opfronsl).(805) 644-8296
TELEPHoNENO (805) 644-7111
E-MAILADDRESS fopfmnelr

Pjainti6'/Petitioner DANIELLECLARK

AlTDRNEYFDR/Meme/r

SUPERIDR coURT QF cALIFQRNIA, coUNTY QF

SAN DIEGO

330 W. Broadway

STREET ADDRESR
MAILINGADDRESS.

San Diego, CA 92101-3827
Division
Central
BRANGH NAME:
PLAINTIFF/I'ETITIONER: DANIELLECLARK, an individual

CITYANDZIPCODE:

DEFENDANT/RESPONDENT:

SAN YSIDRO SCHOOL DISTRICT, et

Ei.
CASE NUMBER.

NOTICE OF ENTRY OF JUDGMENT
OR ORDER
(Check one):

~

UNLIMITEDCASE
(Amount demanded
exceeded $ 25,000)

~

37-2017-00005908-CU-WM-CTL

LIMITEDCASE
(Amount demanded was
$ 25,000 or less)

TO ALL PARTIES:

1.'

judgment, decree, or order was entered in this action on (date):

May'4,

2018

2. A copy of the judgment, decree, or order is attached to this notice.

Date:

May~,2018
Rnhprt A Rnrtngh

ITYPEOR PRINT NAME OF

B

ATTORNEY

D

PARTYWITHOUTATTORNEY)

ISIGNATURE)

corn

Page
Form Approved far Optional Use
Juboel Coundl of Cabfornis
cia.1 30 [Nsw January I, 2010)

Forma'OTICE

(csb l<Q'ssential
lreJ

OF ENTRY OF JUDGMENT OR ORDER

1

of 2

www.collnm(o.ca pov

 CIV-130
PLAINTIFF/PETITIQNER;
DEFEF(DANTJREsPDNOENT:

DANIELLECLARK, an individual

CASE

NUMBER'7-2017-00005908-CU-WM-CTL

SAN YSIDRO SCHOOL DISTRICT, et al,
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER

(NO TET You cannot serve the Notice of Entry of Judgment or Order

ifyou are a party in the action.

The person who served

the notice must complete this proof of service.)
1.

am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took
place, and my residence or business address is (specify):
I

5450 Telegraph Road, Suite 200
Ventura, CA 93003-4120
2.

served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage
fully prepaid and (check one):
a.
deposited the sealed envelope with the United States Postal Service.
I

~
~

b.

3.

4.

placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service.

The Notice of Entry of Judgment or Order was mailed:

May 30, 2018

a,

on (date):

b,

from (city and state):

Ventura, California

The envelope was addressed and mailed as follows:
a.
Name of person served: Aaron C. Hanes Fsq.

Winet Patrick Gayer Creighton

k 4anes

c.

Street address:

1215 W. Vista Way

Street address:

City

Vista, CA 92083-6227

City:

State and zip code:

State and zip code:

Name of person served:

b.

~
5.
I

Name of person served:

d,

Name of person sewed:

Street address:

Street address:

City:

City:

State and zip code:

State and zip code:

Names and addresses of additional persons served are attached. (You may use form POS-030(P).)

Number of pages attached

declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

May30,2018
TIPnn

I. Rffrtgfielft
(TYPE OR PRINT NAME OF OECIARANT)

(SIGNATURE OF OECEARANTI

Page 2 of 2

CIV-'0 (New January I

Essential
ees.eem

ISFOATIS

2010(

NOTICE OF ENTRY OF JUDGMENT OR ORDER

 2

4

s

ROBERT A. BARTOSH —SBN 159383
BRETT B. McMURDO —SBN 293050
HATHAWAY, PERRETT, WEBSTER,
POWERS, CHRISMAN & GUTIERREZ
A I'rofcssional Corporation
5450 fclcqrnph Rond, Suite 200
Vettturn, CA 93003-4120
'felcphonc:
Facsimile:

rt

a

a
E
uiiiusuruuaurocu

t4/v/

l 4 :/018

tlute

(805) 644-7111
(805) 644-8296

>i'0

6

Attorneys for Plaintiff/Petitioner DANIELLECLARK

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO —CENTRAL DIVISION
11

CASE NO. 37-2017-00005908-CU-WM-CTL

DANIELLECLARK, an individual,

12

Action Filed: February 16, 2017
Hon, John S. Meyer —Dept, C-64

Plaintiff/Petitioner,

13

fPROPOSI~ JUDGMENT

vs,
14

SAN YSIDRO SCHOOL DISTRICT; and
DOES I through 20, inclusive,
16

17

Defendants/Respondents.

18

19

20

This matter came regularly before this Court on March 16, 2018 for hearing in
Department C-64

of the Superior Court for the County of San Diego, thc llonorable

John S,

Meyer presiding. Hathaway, Perrctt, Webster, Powers, Chrisman & Orutierrez by Robert A.

of record for Petitioner DANIELLECLARK. Aaron

zz

Bartosh appeared as attorney

23

appeared as attorney for Respondent SAN YSIDRO SCHOOL DISTRICT.

24

C. Hanes

The Court, having taken the matler under submission on March 16, 2018, and having

zs

fully considered the arguments of all parties, both written and oral,

z6

presented, and having issued a Ruling on April 3, 2018, which has been signed and filed, and

z7

is attached hereto as

28

Exhibit A,

ORDERS that:

l

JUDGMENT

as

well as thc evidence

 1.

The Petition filed in this action for a peremptory writ of mandainus is panted;

2.

The District committed a prejudicial abuse of direction and Petitioner has

and
3
4

clear, present and beneficial right to reemployment with the District from the date

a

of her

October 24, 2016 termination to her reeinployment on August 28, 2017; and
3.

6

Judgment shall be entered for the issuance

pursuant to Code

of Civil Procedure

II

of a peremptory writ of mandate

1085 cominanding Respondent SAN YSIDRO

8

SCHOOL DISTRICT to reeinploy Petitioner with full compensation and benefits from the

9

date

of her termination to the

date

of her reemployment..

10

DATKII,

NAY

1

4 2018

JOHN S. MEYER
JOHN S. MEYER
Judge of the Superior Court

13

14

15
16

18

19

20
21

22
23
24

25
26
27
28

i JUDGMENf

 EXHIBIT A

SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN DIEGO
CENTRAL
MINUTE ORDER

TIME'09:22',00 AM
JUDICIAL OFFICER PRESIDING; John S, Meyer
CLERK'Herlinda Chavarln
REPORTER/EFIM.'ot Reported
BAILIFF/COURT ATTENDANT:
DATE: 04/03/2018

DEPT: C-64

CASE ND; 37-2017-00005908-CU-WM-CTLCASE INIT,DATE: 02/16/2017
CASE TITLE,'Danielle Clark vs. San Ysidro School District [IMAGED)
CASE TYPE: Writ of Mandate
CASE CATEGORY: Civil - Unlimited

APPEARANCES
The Court, having taken the above-entitled matter under submission on March 16, 2018 and having fully
considered the arguments of all parties, both written and oral, as well as the evidence presented, now
rules as follows:
SEE THE ATTACHED FOR THE COURT'S RULING

DATE: 04/03/2018
DEPT', C-64

MINUTE ORDER

Page 1
Calendar No.

Exhibit A —Page

1

of 5

 1

F~)h)lI

E
fh)))ih"P))rh))

h)h<

0

""R -32018
V: II. GHAVAItllV,
Depuh,

8

SUPERIOR COURT OF THE STATE Oli'ALIFORNIA

9

COUNTY OF SAN DIEGO) CENTRAL DIVISION
Case No. 37-2017-00005908-CU-%M-CTL

DANIELLECLARK, an individual,
11

RULING

Plaintiff/Petitioner,

12

Judge:

v,

Dept.,

13

14

SAN YSIDRO SCHOOL DISTRICT; snd
DOES 1 tluough 20, inclusive,

'64Hon. John

S.

Meyer

Defendant/Respondents.
16
17
18

Having taken this matter under submission, and having reviewed additional briefmg and
declarations, the court now renders its modified ruling;

19

The underlying facts are not m dispute.

20

petitioner was hired

as a

oertificated probationary employee by the Respondent School

21

District for the 20 l.6-17 school year in an administrative position, Director of Special Education.

22

She possessed

23

24, 2016, the District summarily terminated her from employment,

24

from the District, her teaching credential had expired. The District, however, did nct offer to

25

reassign her to the classroom,

26

with another school district. Petitioner contends that the District violated

27

imposed by the Education Code for the termination

28

Education Code section 44948 allows for the dismissal

an

appropriate administrative credential

as

well as

a

teaching credential. On October

At the time of her termination

Petitioner obtained certificated employment for the next school year
a

mandatory legal duty

of certificated probationary
of probationary

employees.

certificated employees

RULING

Exhibit A —Page

2

of 5

 I

during thc school year for cause only. Otherwise, Eilucation Code section 44929.21(h) allows a

2

district to terminate

3

given a notice of non-reelection for the ensuing school year by March 15~.

4

not given, then the District is deemed to have reemployed the probationary employee for a second

5

probationary year. The District contends that Petitioner's termination was proper because

6

hired

7

2016 also justified her termination.

a probationary employee at the end

of the scliool year

provided the employee is

Ifsuch

timely notice is

she was

administrator and that the expiration of Petitioner's teaching credential in September

as an

8

The court determines that Petitioner's position is correct,

9

The Education Code mandates specific requirements for the employment

of

and termination

Other than substitute or temporary employees, certificated

10

credentialed, or certificated employees,

11

employees

12

employees for the first year snd may only be terminated for cause,

13

Elementary School District (1994) 24 Cal.App.4

14

may, however, be terminated without cause at the end

15

Non-Reelection,

16

automatically deemed ieemployed for a second school year. A second year probationary employee

17

who is not given a March

18

school year.

of a

school district are hired on

tenure track b'asis

They begin
Cousins

as

probationary

v.

Wecivsrville

1846, 1849. Pirst year probationary employees

of the first year

ifthey

receive

A first year probationary employee wlio is not given a March

a

notice

of

15u notice is

notice automatically receives tenure at thc beginning of the third

15

An administrator, such

19

a

as a

principal or a director of special education, may be employed in

20

such position, provided they hold an appropriate administrative credential. Such employee does not

21

acquire a tenure track or permanent status in an administrative position but may be terminaterl fcr

22

cause or non-reelected for a second or third probationary year, Principals and other administrators

23

who have been employed for three or more years acquire tenure, not

24

but as

25

teachers &om their administrative position.

a

classroom teacher.

Ifsuch

principal or administrator

administrator receives timely notice, they may be reassigned

District simply notified petitioner that

26

In this

27

terminated for cause.

28

school year. The District never notified her

case, the

as a

She never received a March 15

she was terminated.

She was not

'otice of non-reelection for the ensuing

of a reassignment to

a classroom teaching

position

2RVLING

Exhibit A —Page

3

of 5

as

 1

Seemingly, the District believed that the tenure track requirements applicable to probationary

2

employees did not apply to Petitioner because she was an administrator who could not obtain tenure

3

in an administrative position. The District is wrong. It could have terminated her for cause with

4

appropriate notice and the right to a hearing.

5

the ensuing school year on or before March 15. It did neither.

6

The District cites Culbertson

v,

It could

of non-reelection for

have given her a notice

San Gabriel Unijied School District (2004)

121

CaLApp.4a

7

1392 for the proposition that it was not required to give Petitioner a March 15'" notice becsusc she

8

was an administrator.

9

Culbertson is inapposite. In that case it was conceded that Petitioner, employed under an
tenure track position. Indeed,

ifthe District is correct,

10

emergency permit, was not hired in

11

school district could hii e principals and summarily release them at will.

12

The expiration

a

of petitioner's teaching credential

month before her termination is of no

of tlie Education

13

significance. The tenure track requirements

14

Powoy United School District (1998) 63 CaLApp.4

15

to assign her to a teaching position, so

16

no evidence that it even knew

17

a

it waived

'55.

Code are still applicable. Shields

the right to even make such contention. There is

of the expiration when Petitioner

of probationary

employees such as Petitioner, the court determines that the

19

District committed

20

beneficial right to reemployment with thc District from the date

21

reemployment in 2017.

a

prejudicial abuse ot'discretion and that petitioner has a clear, present and

of her termination

to her

Accordingly, judgment shall be entered for the issuance of a pereinptory writ of mandate

of Civil Procedure

1085 corn

23

pursuant to Code

24

Petitioner with full compensation and benefits fr

25

reemployment.

I't

Dated.'~ 3
28

was terininated.

Not having complied with the legal requirements of thc Education Code for the termination
or non-reelection

27

v.

Furthermore, the District never sought

18

22

a

.I

0

J

oil

iis District to reemploy
I

ation to the date of her

I

RULING

Exhibit A —Page

4

of 5

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
Q COUI41Y C(IURTHDUSF„220 W. GROr(DWAY, SAI4 DIEGO, CA 92101-3814
Q
HALL(FJUSUCE 330 w, BROADWAY, SANDIEGO, CA 9?101.3827
Q
FAMILYCOURT, 15556NAVE., SAN DIEGO, CA 92101 3299
MADGE BRADLEY BLDG., 14094M AVE., SAN DIEGO, CA 9210(O(05
Q
Q KEARNY MESA,9950 CLAIREMONTMESA BLVD„SANDIEGO, CA 92123-1187
Q NORTH CDIJNIY DIVISION, 325 6 MBROSE DR„VISTA, CA 920834643
Q
EAST COUNTY DIVSION, 250 E. MAIN ST., EL CAJON, CA 920203541
Q RAMONA, 1428 MONTECITO RO„RAMONA,CA 920655200
Q SOUTH COUNTY DIVISION,500 3re AVE., CHULA VISTA, CA 91910 5649
Q JUVENILE COURT,2851 MEADOW LARK OR., Ml OIEGD CA 92123-2792
PLAINTIFF(SSFETRIDNER(sl

F+'N era.L8,
1

APR

4

sAN YsrDRO

Judge:

scoor. DrsTRICT

Dept.:

CLERK'S CERTIFICATE OF SERVICE BY MAIL

I

-3)IIyII

N CHAVAI(IN
,

Dep(ity

JOHN S. METER
64

37-2017-5908

(CCP 1013a(4))

certify that:
document(8):

Fs

DAN(ELLE CLARK

DEFENDANI(syRESPONDENT(s)

I,

E

9'rre arse LJ

am not a party to the above-entitled case; that on the date shown below,

I

served the following

COURT'S RULING ON MOTION UNDER SUBMISSION

envelope, addressed as shown below; each
In the United Slates Postal Service at.'
thereon
fully
deposited
prepaid
postage
with
envelope was then sealed snd,
Vista
Csllfornia.
Chula
Oceanside
Ramona,
EICaion
Vista
San
Diego
x )
t
]
I
/
]

on the parties shown below by placing a true copy in a separate

g

~)

ADDRESS

NAME
ROBERT A. BARTOSH

HATHAWAY,PBRRETT, WEBSTER, POWERS,
CHRISMAN JE GUTIERREZ
5430 TELEGRAPH ROAD, SUITE 200
VENTURA, CA 93003-4(20

AARON C. HANES

WINET PATRICK GAYER CREIGHTON r(4 HANES
12(3 WEST VISTA WAY
VISTA, CA 92083-6227

CLERK OF THE SUPERIOR COURT

Apr(l 3, 2018

Sy:

,

Deputy

H. CHAVARIN

CLERK'S CERTIFICATE OF SERVICE BY MAIL

Exhibit A —Page

5

of 5

 PROOF OF SERVICE

1

2,

3
4
5

Re;

Danlelle Clark v. Sar< Fsidro School Disrricr
San Diego County Superior Court, Case No. 37-2017-00005908-CU-WM-CTL

STATE Ol CALIFORNIA, COUNTY OF VENTURA

I am emplovcd in the County of Ventura, State of California, I am over the age of eighteen
years and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200,
Venturii, CA 93003-4120.

6

On

Aprilg~D

JUDGMENT

2018, I served the foregoing document described as [PROPOSED]
interested
each
party in this action as follows;
on

Amon C. Hanes, Esq.
Winet Patrick Gayer Creighton
1215 W. Vista Way
Vista, CA 92083-6227

10

T
~

2h

Hanes

Attorneys for Defendant/Respondent
SAN YSIDRO SCHOOL DISTRICT

(760) 758-4261
(760) 758-6420
'ihancsdi'wp+cll,coi'll

Telephone
Facsimile;
Email:

12

a true copy (or original) of'he foregoing document in a sealed
addressed
to
the
addressee(s) listed above, I am "readily familiar" with the firm's
envelope
practice of collection and processing correspondence for mailing. Under that practice, it
would be deposited with the II.S. Postal Service on that same date with postage thereon fully
prepaid at Ventura, California, in the ordinary course of business, I am aware that on motion
of the party served, service is presumed invalid postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.

BY MAILi By placing

13

14

if

17

El
19

20

a true and correct copy of the foregoing
document electronically from email address dbui tsliclduohothuwuvlgiwlirm.coin to the
addressee(s) listed above. I did not receive, within a reasonable time after the transmission,
any electronic message or other indication that the transmission was unsuccessful.

BY ELECTRONIC SERVICE: By transmitting

BY OVERNIGHT DELIVERY: By sending

21

a true copy (or original) of the foregoing
document by overnight deliveiy service to the addressee(s) listed above. The envelope was
deposited in or with a facility regularly maintained by the overnight carrier with delivery fees
paid or provided for,

23

I declare under penalty of perjury under the laws of thc
is true and correct.

Executed on

April M'U, 2018,

at Ventura,

California

27

pRooF oi

salivlca

State

of California that

thc foregoing