Trial court order granting plaintiff's petition for writ of mandate to require defendant to reinstate plaintiff with full back pay, interest and benefits and requiring its governing board to determine whether plaintiff should be terminated is affirmed where: 1) the court properly ruled that the Agreement between the parties was invalid and unenforceable, and violated Education Code sec. 87485 and plaintiff's due process rights; and 2) the court did not abuse its discretion in rejecting defendant's laches and unclean hands defense, and in finding that the exhaustion of remedies doctrine did not apply.
APPEAL from a judgment of the Superior Court of San Diego County, Joan M. Lewis, Judge. Affirmed.
FOURTH APPELLATE DISTRICT, DIVISION ONE
Filed July 28, 2009
Before: McINTYRE, J., BENKE, Acting P.J., HUFFMAN, J.
Opinion by McINTYRE, J.