Taylor v. County of Tulare
The County of Tulare (County) appeals from an order directing it to reinstate employee James Taylor to the active payroll and pay him lost wages and benefits. The superior court determined that County dismissed Taylor for disability for purposes of Government Code section 31725 and, therefore, was obligated to reinstate Taylor. The superior courts understanding of section 31725 was based in part on a published opinion of this court that subsequently was reversed. In Stephens v. County of Tulare (2006) 38 Cal.4th 793 (Stephens), the California Supreme Court adopted a much narrower interpretation of section 31725 than was used in the opinion it reversed.
As a result of this sequence of events, the decision of the superior court was based on an interpretation of section 31725 that is no longer good law. Accordingly, the superior courts decision cannot be upheld. Remand for further proceedings is the appropriate disposition of this appeal. First, whether Taylor was dismissed for purposes of section 31725 is a question of fact. Second, the superior court should decide this question of fact in the first instance using the interpretation and guidance provided by the California Supreme Court in Stephens. Third, the Stephens decision has informed the parties of the statutory interpretation applicable to their dispute; remand will give them the opportunity to develop their positions based on that new interpretation. Accordingly, Court reverse and remand this matter for further proceedings.
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