Filed 12/09/05

CERTIFIED FOR PUBLICATION

 

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND APPELLATE DISTRICT

 

DIVISION FIVE

 

 

MARIETTA JONES,   Plaintiff and Appellant,   v.   LOS ANGELES COUNTY OFFICE OF EDUCATION,   Defendant and Respondent.

B176720   (Los Angeles County Super. Ct. No. BS085089)

 

 

APPEAL from a judgment of the Superior Court of Los Angeles County, David P. Yaffe, Judge. Affirmed.

Faunce, Singer & Oatman, Edward L. Faunce and Larry J. Roberts for Plaintiff and Plaintiff.

Law Offices of Dennis J. Walsh, Dennis J. Walsh and Douglas Lyon for Defendant and Respondent.

I. INTRODUCTION

 

Plaintiff, Marietta Jones, appeals from the denial of her mandate petition seeking reinstatement and backpay. Plaintiff was injured while employed as a paraeducator by defendant, the Los Angeles County Office of Education. We agree with defendant that plaintiff is only entitled to placement on a 39-month reemployment list pursuant to Education Code section 45192. Hence, we affirm the denial of her mandate petition.

 

II. FACTUAL AND PROCEDURAL HISTORY

 

A. Pre-mandate Petition Events

 

The following factual and procedural matters are taken from the evidence before the trial court at the time of the hearing on the mandate petition including plaintiff's deposition testimony. Plaintiff was hired by defendant as a paraeducator in January 1983. Plaintiff completed probation and became a permanent employee in May 1983. Incident to her employment, she became a member of the Public Employees' Retirement System. A paraeducator works under the supervision of a classroom teacher and is described in defendant's written job description as a paraprofessional. Among the duties of a paraeducator are assisting a teacher in: teaching; implementing a child's individualized education program â€