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  5. 16 Cal.Rptr.3d 207 (2004)
 

ROE v. STATE PERSONNEL BD.

Nos. A098067, A098624.

16 Cal.Rptr.3d 207 (2004)

120 Cal.App.4th 1029

Robert ROE, Plaintiff and Respondent, v. STATE PERSONNEL BOARD, Defendant, Department of Justice, Real Party in Interest and Appellant. Robert Roe, Plaintiff And Appellant, v. State Personnel Board, Defendant, Department of Justice, Real Party in Interest and Respondent.

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

As Modified on Denial of Rehearing August 20, 2004.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Lyn Harlan and Karen L. Donald, Deputy Attorneys General, for Defendant, Real Party in Interest and Appellant and for Real Party in Interest and Respondent.

Patton Wolan & Boxer, Roger W. Patton, Oakland; Steven B. Bassoff, Sacramento; Garfinkle Law Office, Maria J. Garfinkle, Gary Garfinkle, Lafayette, for Plaintiff and Respondent and for Plaintiff and Appellant.

Certified for Partial Publication.*

GEMELLO, J.

Does a state employee's resignation following his termination without due process cut off his remedies for the procedurally improper termination? If not, to what backpay is the employee entitled due to the procedurally improper termination? Is the employee entitled to reinstatement, or must the matter be remanded to the State Personnel Board (Personnel Board

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