Moles v. Regents of University of California

Opinion

BIRD, C. J.

May the composition of a three-judge panel of a Court of Appeal be altered after oral argument so that one of the justices taking part in the decision of a case is a justice who has not participated in any part of the prior deliberations?

I

Plaintiff, Jerry Moles, is a former employee of the University of California, Davis. He was first appointed to the Davis faculty for the 1971-1972 academic year. That appointment was followed by a succession of annual and biennial appointments, interrupted only by a leave of absence in 1975. By 1978, his sixth year of service, Moles was an…