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DISTRICT v. DEPARTMENT OF GENERAL SERVICES

No. F043009.

10 Cal.Rptr.3d 795 (2004)

ATWATER ELEMENTARY SCHOOL DISTRICT, Plaintiff and Respondent, v. DEPARTMENT OF GENERAL SERVICES, Defendant and Respondent, Albert G. Truitt, Jr., Real Party in Interest and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied March 25, 2004.

Review Granted May 19, 2004.

Attorney(s) appearing for the Case

Driscoll & Associates and Thomas J. Driscoll, Jr., Lodi, for Real Party in Interest and Appellant.

John F. Kohn for California Teachers Association as Amicus Curiae on behalf of Real Party in Interest and Appellant.

Lozano Smith, Michael E. Smith, Howard A. Friedman, Santa Monica, Stephen A. Mendyk, and Jesse J. Maddox, Fresno, for Plaintiff and Respondent.

John Bukey, Richard Hamilton and Judith Cias for California School Boards Association as Amicus Curiae on behalf of Respondent.

No appearance by Defendant and Respondent.

Certified for Partial Publication.*

OPINION

DIBIASO, Acting P.J.

On May 23, 2002, respondent Atwater Elementary School District (District) gave appellant Albert G. Truitt, Jr., a credentialed teacher, notice of the District's intention to dismiss him from his position (Ed.Code, § 44944). The charges alleged that appellant had engaged in sexual misconduct with five separate students during the period between...

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