California Court of Appeals, Second District, Third Division
Certified for publication 8/21/13 (order attached)
APPEAL from an order of the Superior Court of Los Angeles County, Los Angeles County Super. Ct. No. BS128454, Ann I. Jones, Judge.
Trygstad, Schwab & Trygstad, Lawrence B. Trygstad and Richard J. Schwab for Plaintiff and Appellant.
Office of General Counsel, Los Angeles Unified School District and Marcos F. Hernandez for Defendant and Respondent.
Petitioner and appellant Erica Cox appeals an order denying her petition for writ of mandate. She sought to compel respondent Los Angeles Unified School District (LAUSD) to classify her as one of its permanent employees, effective July 1, 2009, and to provide her with appropriate pay and benefits. We agree with the trial court’s analysis and ruling. We therefore will affirm.
FACTUAL AND PROCEDURAL BACKGROUND
With a seniority date of March 12, 2009, Cox became a probationary counselor at Crenshaw High School (Crenshaw), with a normal workday of six hours. After successfully completing the 2007-2008 school year, Cox continued her probationary status the next school year.
LAUSD paid Cox maternity leave from September 2, 2008 through October 31, 2008. The next month, she returned to Crenshaw, her first time on a normal basis for the 2008-2009 school year. That school year had 182 work days.
For the school year of 2009-2010, Cox was classified as a second year probationary employee. LAUSD took the position that Cox did not complete her probationary status for the 2008-2009 school year because she did not satisfy Education Code section 44908’s “complete school year” requirement of “at least 75 percent of the number of days” for that year.
On March 8, 2010, LAUSD notified Cox that she was not selected for a certificated position for the next school year. On March 10, Cox received a layoff notice, and on June 24, 2011, LAUSD issued her a final layoff notice.
In September, 2011, Cox filed a petition for relief under Code of Civil Procedure section 1085. She argued that 30 more hours should be added to her work record to satisfy the “complete school year” requirement for 2008-2009. In support of her claim, Cox submitted declarations stating, in effect, that during her maternity leave she had expended those hours in preparing a grant application on behalf of LAUSD. The trial court, however, held that those declarations were inadmissible.
Cox’s declaration dated November 7, 2011, was stricken on the ground that it contained information contrary to her prior deposition testimony. As the trial court noted, Cox “clearly testified that she had no additional documentary evidence in support of her claims at her deposition.” In addition, the trial court sustained LAUSD’s written objections to Cox’s evidence on the ground of lack of foundation. At the hearing on Cox’s petition, the trial court also sustained oral objections “to the declarations of Erica Cox, Krystal O’Leary and Dwyna Blackmon as lacking in foundation regarding when [Cox] worked on the grant application.” As a result, the trial court concluded ...