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Gordon v. City of Oakland

July 24, 2008

COURTNEY GORDON, PLAINTIFF,
v.
CITY OF OAKLAND, DEFENDANT.



The opinion of the court was delivered by: William Alsup United States District Judge

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

INTRODUCTION

In this putative class action, plaintiff moves for leave to amend her complaint. For the reasons stated below, plaintiff's motion is GRANTED IN PART AND DENIED IN PART.

STATEMENT

In the fall of 2005, plaintiff Courtney Gordon applied to the City of Oakland to become a police officer trainee. Gordon soon received a letter from Lieutenant Michael Johnson of the Oakland Police Department informing her that her application had been accepted subject to the stated conditions of the letter (FAC at Exh. B):

You must pass the required psychological test(s), medical examination(s), the remainder of the background investigation, and accept the training reimbursement provisions as specified below.

Reimbursement provisions. You may be required to reimburse the City of Oakland for training expenses. Reimbursement would be required in the event you voluntarily terminate your employment with the Oakland Police Department, according to the following schedule:

Before the end of year 1 - 100% repayment of $8,000.

Before the end of year 2 - 80% repayment of $8,000.

Before the end of year 3 - 60% repayment of $8,000.

Before the end of year 4 - 40% repayment of $8,000.

Before the end of year 5 - 20% repayment of $8,000.

The letter included a signature block form that stated, "[p]lease advise whether you accept this condition offer" (ibid.). Gordon checked the "yes" box and signed the conditional offer of employment on November 5, 2005.

Gordon was hired, successfully completed her police training, and was sworn in as a police officer in June of 2006. Before beginning her second year as a police officer, Gordon resigned in January 2008. Upon her resignation, Gordon was informed that she would be required to reimburse ...


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