Hartnett v. San Diego Cnty. Office of Educ.

227 Cal. Rptr. 3d 81, 18 Cal. App. 5th 510
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 14, 2017
DocketD070974
StatusPublished
Cited by3 cases

This text of 227 Cal. Rptr. 3d 81 (Hartnett v. San Diego Cnty. Office of Educ.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartnett v. San Diego Cnty. Office of Educ., 227 Cal. Rptr. 3d 81, 18 Cal. App. 5th 510 (Cal. Ct. App. 2017).

Opinion

O'ROURKE, J.

*514Appellants and defendants San Diego County Office of Education (Office) and Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits, and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial court from granting Hartnett's requested relief; (2) the court misinterpreted Education Code 1 section 45306 in its decision; and (3) the court improperly determined the amount of Hartnett's back pay without remanding that issue to the proper administrative forum, Office's personnel commission (the commission), for the commission to make factual findings on the issue.

We conclude that the trial court's sole ground for granting Hartnett's petition-that the commission did not proceed in a manner required by law because it did not conduct an investigation-is not supported by section 45306. Here, the commission fulfilled its statutory duty to investigate Office's *515allegations against Hartnett by conducting a four-day evidentiary hearing at which Hartnett was either present or chose to be present through his legal counsel and the parties were represented and afforded the opportunity to present oral and documentary evidence relevant to the charges, cross-examine witnesses who were sworn under oath, and argue their *83positions to the commission. Both Hartnett and Office agree that in the event we reach this conclusion, no further proceedings are necessary and Office and Ward are entitled to judgment in their favor. We reverse and remand for the trial court to enter judgment accordingly.

FACTUAL AND PROCEDURAL BACKGROUND

This court detailed the proceedings leading up to Office's appeal from the trial court's May 13, 2011 judgment in our prior October 2013 opinion ( Hartnett v. San Diego County Office of Education (Oct. 29, 2013, D059899) 2013 WL 5801401 [nonpub. opn.] ). For purposes of this appeal, we briefly summarize some of that history, with additional facts discussed in the sections below as necessary to address Office's contentions.

After Office terminated Hartnett's employment, Hartnett in 2008 sued Office and others alleging wrongful termination and other causes of action. He then filed successive writ petitions, the first claiming a due process violation and seeking reinstatement with back pay pending completion of the administrative review process before the commission, and the second challenging the merits of his dismissal following the commission's lengthy June 27, 2008 decision. In Hartnett's second writ petition, he contested the commission's jurisdiction, the fairness and legality of its proceedings in part on grounds it did not investigate the matter as required by section 45306 before ordering a hearing, and the sufficiency of its findings. The trial court denied Hartnett's first writ petition but granted the second writ petition. It rejected Office's invocation of res judicata and collateral estoppel, but ruled the commission "did not proceed in the manner required by law because it had failed to conduct an investigation prior to the hearing as required by Education Code section 45306" and thus had not "strictly followed" the statutory procedure for dismissal, rendering Hartnett's dismissal ineffectual as a matter of law and entitling him to reinstatement. In April 2009, the court issued a writ of mandate compelling Office to reinstate Hartnett and awarding him back pay from his termination date through reinstatement.

After unsuccessfully seeking to vacate that judgment and having its ensuing appeal dismissed, in November 2009 Office reinstated Hartnett, put him on administrative leave with pay and instructions not to report back to work, and tendered back wages. Hartnett responded by moving to "enforce" the writ of mandate to seek an award of "full" back pay without specified *516reductions he claimed Office had made. Office opposed the motion, pointing out that Hartnett never prayed for reinstatement or back pay in his second writ petition. It asserted Hartnett was procedurally barred from obtaining the requested relief, both due to res judicata and an absence of the court's authority to change its ruling or make new findings.

The trial court denied Hartnett's motion to enforce the writ, but "reopen[ed] the writ proceeding" to take evidence on the amount of back pay owed Hartnett. When Office objected that the reopening granted relief not sought by Hartnett and allowed circumvention of the exhaustion of internal grievance procedures, the court clarified that it would treat Hartnett's motion as one to amend his cause of action for a writ of mandate, and deemed it amended to include his claim for $259,358.82 in back wages and benefits. The court set an evidentiary hearing to rule on the specific amount of wages and benefits due Hartnett, giving each side two and one-half hours to present evidence and oral testimony. In doing so, the court, citing *84Code of Civil Procedure section 1094.5, subdivision (e), found "that evidence pertaining to the amount of back wages and benefits owed to [Hartnett] constitutes relevant evidence that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the administrative hearing."

On March 30, 2011, following that hearing and based on a lengthy statement of decision, the court issued its writ of mandate awarding Hartnett $234,703.55 in back pay, interest and health care premium reimbursement. It severed the writ proceeding from the main action and issued it under a new case number. On May 13, 2011, the court entered judgment in Hartnett's favor.

This court dismissed Office's ensuing appeal as taken from an interlocutory judgment. ( Hartnett v. San Diego County Office of Education , supra , D059899.) Holding in part that the court was without authority to create jurisdiction by severing the writ proceeding from the main action, we remanded the matter with directions that the trial court vacate the judgment and issue it as an order in the original case, No. 37-2008-00081583-CT-WT-CTL.2 ( Ibid. )

After reassignment to a new judge and a stay of proceedings, the court in November 2015 vacated the May 13, 2011 judgment and entered it as an order in the original case. Hartnett dismissed with prejudice his claims against all defendants except Office and Ward. In June 2016, the court entered *517a final judgment in Hartnett's favor in the sum of $306,954.99, consisting of the previous $234,703.55 award plus $72,251.44 in prejudgment interest.

Office appeals from the June 2016 judgment.

DISCUSSION

I. Standards of Review

Office asserts that all of the issues it raises in this appeal are questions of law, a contention Hartnett does not challenge.

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Cite This Page — Counsel Stack

Bluebook (online)
227 Cal. Rptr. 3d 81, 18 Cal. App. 5th 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartnett-v-san-diego-cnty-office-of-educ-calctapp5d-2017.