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CAHOON v. GOVERNING BD. OF VENTURA UNIFIED SCHOOL DIST.

No. B207649.

171 Cal.App.4th 381 (2009)

EDWARD CAHOON, Plaintiff and Respondent, v. GOVERNING BOARD OF VENTURA UNIFIED SCHOOL DISTRICT, Defendant and Appellant.

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

February 23, 2009.

Attorney(s) appearing for the Case

Atkinson, Andelson, Loya, Rudd & Romo, Irma Rodriguez Moisa, Joshua E. Morrison and Jay G. Trinnaman for Defendant and Appellant.

Best, Best & Krieger, Joseph Sanchez and Megan M. Moore as Amicus Curiae on behalf of Defendant and Appellant.

Hathaway, Perrett & Gutierrez, Paul D. Powers, Robert A. Bartosh and Jeffrey J. Stinnett for Plaintiff and Respondent.

OPINION

YEGAN, J. —

Governing Board of Ventura Unified School District (District) appeals from a writ of mandate compelling the reinstatement of Edward Cahoon, a school custodian. Cahoon was terminated after he pled nolo contendere to forging, altering and/or issuing a prescription for a controlled substance, as a misdemeanor. (Health & Saf. Code, § 11368.) Relying on Education Code section 44009, former subdivision (b) (now...

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