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DUNCAN v. DEPARTMENT OF PERSONNEL ADMIN.

No. B129036.

92 Cal.Rptr.2d 257 (2000)

77 Cal.App.4th 1166

Robert DUNCAN, Plaintiff and Appellant, v. DEPARTMENT OF PERSONNEL ADMINISTRATION et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

January 28, 2000.

Attorney(s) appearing for the Case

Dennis F. Moss, for Plaintiff and Appellant.

Howard Schwartz, Chief Counsel, and Thomas W. Vallance, Legal Counsel, for Defendants and Respondents Department of Personnel Administration and Department of Insurance.

Bill Lockyer, Attorney General, David S. Chaney, Supervising Deputy Attorney General, and W. Dean Freeman, Deputy Attorney General, for Defendants and Respondents Department of Insurance and Insurance Commissioner.

Certified for Partial Publication.*

MASTERSON, J.

This appeal presents the principal question of whether the due process clause entitles a public employee to a predeprivation hearing before he is demoted in lieu of layoff. We conclude that such a hearing is not required and that a post-demotion hearing is sufficient.

BACKGROUND

On March 12, 1990, plaintiff Robert Duncan went to work for the California Department...

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