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BAKERSFIELD ELEM. TEACHERS ASS'N v. BAKERSFIELD CITY SCHOOL DISTRICT

No. F048665.

52 Cal.Rptr.3d 486 (2006)

145 Cal.App.4th 1260

BAKERSFIELD ELEMENTARY TEACHERS ASSOCIATION, Plaintiff and Respondent, v. BAKERSFIELD CITY SCHOOL DISTRICT et al., Defendants and Appellants.

Court of Appeal of California, Fifth District.

December 19, 2006.

Attorney(s) appearing for the Case

Littler Mendelson, Barrett K. Green, Los Angeles, and Daniel Cravens, Fresno, for Defendants and Appellants.

Law Offices of Margaret A. Chidester & Associates, Margaret A. Chidester and Cathie L. Fields, Irvine, for California School Boards Association's Education Legal Alliance as Amicus Curiae on behalf of Defendants and Appellants.

Driscoll & Associates and Thomas J. Driscoll, Jr., Lodi, for Plaintiff and Respondent.

Joseph R. Colton, Beverly Tucker, Burlingame, Rosalind D. Wolf, Robert E. Lindquist, Santa Fe Springs, Brenda E. Sutton-Wills, Michael D. Hersh and John F. Kohn, Santa Fe Springs, for California Teachers Association as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

HILL, J.

On February 25, 2003, faced with mounting uncertainties about a state budget for the upcoming fiscal year, the governing board of the Bakersfield City School District (the District) adopted a resolution approving a reduction or discontinuation of some "particular kind[s] of service" (PKS) specified in the resolution (see Ed.Code, § 44955),1 which in turn would necessitate the elimination of up to 89 certificated...

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