Kelton v. Coverning Bd. Educ. Nuview Union School Dist.
Defendants, the Governing Board of Education of Nuview Union School District and the Nuview Union School District (collectively the District), terminated plaintiff James Kelton, a teacher. The District allegedly selected him for termination because he lacked authorization to teach English learners, even though he had emergency authorization, and even though the District retained at least one younger teacher who likewise had only emergency authorization.
Kelton filed this action against the District, asserting one cause of action for a writ of administrative mandate and a second cause of action for age discrimination. These causes of action were bifurcated. The trial court denied Kelton’s mandate claim. The case was then set for a jury trial on his age discrimination claim.
The District filed a motion for summary judgment. The earliest available hearing date for the motion, however, was after the trial date. The District therefore brought an ex parte application to specially set the hearing on the motion, which the trial court granted. Later, Kelton brought an ex parte application to continue the hearing on the motion for summary judgment, which the trial court denied. The trial court then proceeded to grant the motion for summary judgment.
Kelton appeals, contending the trial court erred by:
1. Granting the District’s application to specially set the hearing on the motion for summary judgment.
2. Denying Kelton’s application for a continuance of the hearing on the motion for summary judgment.
3. Granting summary judgment.
Kelton has failed to demonstrate any prejudicial error. Accordingly, we will affirm.
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