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Sinha v. Regents of the Univ. of California

Sinha v. Regents of the Univ. of California
04:07:2006

Sinha v. Regents of the Univ. of California


Filed 4/5/06 Sinha v. Regents of the Univ. of California CA4/1


NOT TO BE PUBLISHED IN OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


COURT OF APPEAL, FOURTH APPELLATE DISTRICT





DIVISION ONE





STATE OF CALIFORNIA












KUSUM SINHA,


Plaintiff and Appellant,


v.


THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,


Defendant and Respondent.



D045444


(Super. Ct. No. GIC818808)


[No Change in Judgment]



THE COURT:


The opinion filed March 6, 2006, is modified as follows:


After the heading DISCUSSION II B., 2. b. This Record (slip opn., p. 16), delete the entire paragraph beginning with "Here, we have a record" and ending with "the plaintiff for lawful reasons." and replace it with:


"Here, we have a record which is very similar to the one considered in Guz. The Regents presented evidence UCSD evaluated the holders of MSP positions on the basis of whether they could be offered permanent faculty positions. The Regents also presented evidence that Sinha had not made a satisfactory contribution to the teaching program and that she had received poor patient and resident evaluations. Thus as in Guz, here the employer has presented substantial credible evidence it took its action against the plaintiff for lawful reasons."


The petition for rehearing is denied.


There is no change in the judgment.



BENKE, Acting P. J.


Copies to: All parties


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Description A Modification decision.
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