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NEILY v. MANHATTAN BEACH UNIFIED SCHOOL DIST.

No. B221102.

192 Cal.App.4th 187 (2011)

MICHAEL NEILY, Plaintiff and Appellant, v. MANHATTAN BEACH UNIFIED SCHOOL DISTRICT, Defendant and Respondent.

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

January 27, 2011.

Attorney(s) appearing for the Case

Daniel M. Graham for Plaintiff and Appellant.

Gibeaut, Mahan & Briscoe, Gary R. Gibeaut and John W. Allen for Defendant and Respondent.

OPINION

BIGELOW, P. J.—

A former school district employee filed a petition for writ of traditional mandate (Code Civ. Proc., § 1085) to compel the district to reinstate him as a high school baseball coach. The primary issue in this case is whether the district had a mandatory duty under the Education Code to classify the petitioner as a "probationary" employee and not, as it did, as a "temporary" employee. The issue interests the...

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