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CCP 400 Mandate Petition

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This decision vacates dismissal of the mandate petition and remands to the trial court to determine in light of the Supreme Court's intervening decision in Boermeester v. Carry (2023) 15 Cal.5th 72 whether the common law doctrine of fair procedure applies to this private vocational school and if so whether the school gave plaintiff a fair procedure including the right… Read More

Plaintiff prevailed on a mandate petition challenging his one-year suspension from UC Davis for violating its policies against sexual harassment and assault.  The trial court found that the university lacked evidence of sufficiently serious misconduct to support the one-year suspension.  This decision holds that the trial court did not abuse its discretion in holding that plaintiff was not entitled to… Read More