Ervin v. County of San Diego CA4/1
John L. Ervin appeals from a judgment denying his petition for writ of administrative mandamus. The trial court ruled that, by failing to participate at the administrative hearing on his grievance, Ervin had not exhausted his administrative remedies. We disagree and reverse. Ervin requested and received a grievance hearing; on the present record, the fact that he chose not to attend a hearing does not mean that he failed to participate in the administrative process. On remand, the trial court should reconsider the briefing and related documentation in support of and in opposition to Ervin's petition and rule on the merits of the issues presented.
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