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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Placer)
----
JAMES MAXEY,
Plaintiff and Appellant,
v.
SIERRA COLLEGE et al.,
Defendants and Respondents.
C052187
(Super. Ct. No. SCV18589)
Plaintiff James Maxey appeals the denial of his petition pursuant to Government Code section 946.6 for relief from the claims requirements of the Government Tort Claims Act. (Gov. Code, §§ 810 et seq.)[1] We shall affirm the order.
PROCEDURAL BACKGROUND
On April 8, 2004, Maxey filed an unfair practice charge against Sierra Joint Community College District (District) with the Public Employment Relations Board (PERB). Maxey claimed his ex-employer SierraCollege (College) retaliated against him for his exercise of protected rights in violation of section 3543.5. PERB issued a complaint on Maxey's charge on April 27, 2004. The District denied the allegations and set forth a number of affirmative defenses. The PERB action proceeded to hearing.
On May 20, 2004, Maxey filed a government tort claim for personal injuries against the District, its superintendent and the Dean of Physical Education for the College. Generally, Maxey alleged in 2002 he gave up his teaching position with RocklinUnifiedSchool District to accept a position as the head women's soccer coach for the College. Such position was or was represented to be a probationary employment classification. The College, however, treated Maxey as a temporary employee. Maxey filed a series of grievances over his employment classification and various related issues. Maxey received an evaluation report dated December 16, 2003, indicating the College was not rehiring him. Maxey contended he was fraudulently induced to accept employment with the District, was unfairly and improperly treated during his employment, and subsequently wrongfully terminated. He claimed various damages and injuries.
On June 9, 2004, the Board of Trustees for the District provided a notice to Maxey that his May 20, 2004, tort claim was being returned without any action by the District â€
Description
Plaintiff appeals the denial of his petition pursuant to Government Code section 946.6 for relief from the claims requirements of the Government Tort Claims Act. (Gov. Code, SS 810 et seq.) Court affirm the order.
