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EUREKA TEACHER'S ASSN. v. BOARD OF EDUCATION

Docket No. A039170.

202 Cal.App.3d 469 (1988)

247 Cal. Rptr. 790

EUREKA TEACHER'S ASSOCIATION et al., Plaintiffs and Appellants, v. BOARD OF EDUCATION OF THE EUREKA CITY SCHOOLS, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

June 24, 1988.

Attorney(s) appearing for the Case

COUNSEL

Victor T. Schaub and Stokes, Steeves & Schaub for Plaintiffs and Appellants.

Geri Anne Johnson, Richard A. Smith and Harland & Gromala for Defendant and Appellant.

Linda S. Somers and Kronick, Moskovitz, Tiedemann & Girard as Amici Curiae on behalf of Defendant and Appellant.

OPINION

KING, J.

In this case we hold that (1) a substitute teacher's illusory classification as a day-to-day substitute despite her actual service as a long-term substitute did not deprive her of reemployment rights conferred on long-term substitutes, and (2) her request for backpay and fringe benefits was incidental to her mandamus action for reemployment and thus was not subject...

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