Legal Opinion

Kuhn v. Department of General Services

California Court of Appeal

Decided January 31, 1994No. Docket Nos. C011756, C013437PublishedCited by 116 opinions

[Opinion certified for partial publication.1]

1Opinion of the Court

Opinion

ences will be to this code) authorizes an agency subject to civil service rules to determine if an employee is medically incapacitated for duty and then demote, transfer, or terminate the employee. Subdivision (h) accords the employee reinstatement rights upon rehabilitation, subject to “satisfactory completion of a new probationary period” if one is imposed. 2

In the present appeal, the Department of General Services (DGS) “medically terminated” Russell Kuhn pursuant to this statute. Mr. Kuhn obtained reinstatement subject to a new probationary period. DGS later rejected him during the…

2Cases cited15 opinions

  1. People v. JohnsonCalifornia Supreme Court · 1980
  2. Foley v. Interactive Data Corp.California Supreme Court · 1988
  3. Estate of Bristol v. YoungCalifornia Supreme Court · 1943
  4. Estate of TeedCalifornia Court of Appeal · 1952
  5. Koehrer v. Superior CourtCalifornia Court of Appeal · 1986

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3Cited by116 opinions

  1. Cahill v. San Diego Gas & Electric Co.California Court of Appeal · 2011
  2. OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp.California Court of Appeal · 2007
  3. JKH Enterprises, Inc. v. Department of Industrial RelationsCalifornia Court of Appeal · 2006
  4. Oregel v. AMERICAN ISUZU MOTORS, INC.California Court of Appeal · 2001
  5. Fassberg Construction Co. v. Housing AuthorityCalifornia Court of Appeal · 2007

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