Absmeier v. Simi Valley Unified School Dist.

Full title: JOHN ABSMEIER, Plaintiff and Appellant, v. SIMI VALLEY UNIFIED SCHOOL…

Court: California Court of Appeals, Second District, Sixth Division

Date published: Jun 29, 2011

No. B221710 (Cal. Ct. App. Jun. 29, 2011)

Opinion

Page 1227a

196 Cal.App.4th 1227a __ Cal.Rptr.3d __ JOHN ABSMEIER, Plaintiff and Appellant, v. SIMI VALLEY UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents. B221710 California Court of Appeal, Second District, Sixth Division June 29, 2011

Super. Ct. No. SC040138

THE COURT:

IT IS ORDERED that the opinion filed herein on June 7, 2011, 196 Cal.App.4th 311; ___Cal.Rptr.3d___, be modified as follows and the petition for rehearing is DENIED:

1. On page 5, first sentence of the third full paragraph [196 Cal.App.4th 317, advance report, 1st full par., line 2], the word "fitness" is changed to "ability, " so that the beginning of the sentence reads: "The trial court could reasonably infer that the Commission could question Lange's ability to continue as the ALJ on this case in light of…."

2. On page 6 [196 Cal.App.4th 317, advance report, 2d par., lines 1-4], the first sentence of the first paragraph is deleted, and in the second sentence the words "From his conduct" are changed to "From Lange's conduct, " so that the paragraph reads:

From Lange's conduct, his delays, his failure to respond to the Commission's inquiries, his failure to meet the deadline, and his April 4th letter, the trial court could reasonably infer that he abandoned this case. In his April 4th letter, Lange said, "I have terminated all work and further consideration of the matter." The court implicitly found that the Commission acted reasonably and in good faith in removing Lange.

There is no change in judgment.

Appellant's petition for rehearing is denied.