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LOMELI v. DEPARTMENT OF CORRECTIONS

No. C041520.

134 Cal.Rptr.2d 179 (2003)

108 Cal.App.4th 788

Nathan A. LOMELI, Plaintiff and Respondent, v. DEPARTMENT OF CORRECTIONS, Defendant and Appellant; State Personnel Board, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

May 14, 2003.

Attorney(s) appearing for the Case

Robert K. Gaultney and Stephen A. Jennings, Sacramento, for Defendant and Appellant.

Carroll, Burdick & McDonough and Timothy K. Talbot, Sacramento, for Plaintiff and Respondent.

No appearance for Real Party in Interest.

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 back pay and benefits...

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