Russell v. Thermalito Union School District

Opinion

REGAN, Acting P. J.

Plaintiff sought in the trial court to recover attorney fees and costs for successfully defending against an attempt by defendant to discharge him from his teaching position.

A statute, Education Code section 44944, subdivision (e) (which was formerly § 13413), provides that if the employee is successful in such circumstances, the governing board of the school district shall pay expenses of the hearing, including reasonable attorney fees incurred by the employee.

The trial court denied such expenses, based on a comprehensive analysis of the statutory and case law which…