Legal Opinion

Lomeli v. Department of Corrections

California Court of Appeal

Decided May 14, 2003No. C041520PublishedCited by 14 opinions

1Opinion of the Court

Opinion

SIMS, Acting P. J.

Appellant California Department of Corrections (CDC) appeals from a judgment granting a petition for writ of mandate filed by respondent Nathan A. Lomeli. The judgment directed issuance of a peremptory writ of mandate commanding CDC to comply with an administrative decision and order by real party in interest State Personnel Board (SPB), requiring CDC to reinstate Lomeli to his former position as correctional officer and pay him backpay and benefits. In this appeal, CDC argues Lomeli’s writ petition in the trial court was premature because CDC still had time to seek…

2Cases cited7 opinions

  1. Sullivan v. Delta Air Lines, Inc.California Supreme Court · 1997
  2. Pacific Gas & Electric Co. v. NakanoCalifornia Supreme Court · 1939
  3. Rodriguez v. SolisCalifornia Court of Appeal · 1991
  4. Chas. L. Harney, Inc. v. State of CaliforniaCalifornia Court of Appeal · 1963
  5. City of Oakland v. Public Employees' Retirement SystemCalifornia Court of Appeal · 2002

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3Cited by14 opinions

  1. Dunn v. County of Santa BarbaraCalifornia Court of Appeal · 2006
  2. Alameida v. State Personnel BoardCalifornia Court of Appeal · 2004
  3. NILES FREEMAN EQUIPMENT v. JosephCalifornia Court of Appeal · 2008
  4. Agosto v. Board of Trustees of Grossmont-Cuyamaca Community College DistrictCalifornia Court of Appeal · 2010
  5. Raghavan v. Boeing Co.California Court of Appeal · 2005

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