Fear Not Law Articles: WOMACK v. SAN FRANCISCO COMMUNITY COLLEGE DISTRICT

WOMACK v

WOMACK v. SAN FRANCISCO COMMUNITY COLLEGE DISTRICT

Filed 1/24/07; pub. order 2/15/07 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

CHRISTOPHER WOMACK,

Petitioner and Appellant,

SAN FRANCISCO COMMUNITY COLLEGE DISTRICT et al.,

Respondents.

A112564

(San Francisco County

Super. Ct. No. CPF 02-500892)

I. INTRODUCTION

Appellant appeals from the trial court's denial of his petition for a writ of mandate brought pursuant to Code of Civil Procedure section 1085. By that petition, he sought to compel respondents to reinstate him as a regular employee in the respondent District's (hereafter District) English as a Second Language (ESL) Department on the basis that the prior level of his work in that department had altered his status from that of a â€

Description	In determining whether "temporary" teacher had worked sufficient fraction of a "full time" assignment to acquire "contract" status, trial court properly considered individual district's definition of "full-time." Trial court properly applied doctrine of laches in denying petition for writ of mandate directing upgrade in teacher's status where substantial evidence supported finding that it was per se unreasonable for teacher to wait until nine years after he began teaching a specified number of units to claim that this qualified as a sufficient fraction of a full time assignment under applicable statute, that teacher acquiesced in the classification that he later challenged, and that the increased exposure to backpay as a result of delay prejudiced district; ruling on laches was further supported by petitioner's three year delay in obtaining hearing date on petition where only justifications offered for the delay were ignorance of the law, lack of assets with which to prosecute the action, and a change in associates in his attorneys' law firm.
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