Earl v. State Personnel Bd.
Annotate this CaseParole agent Baron Earl was disciplined by the California Department of Corrections and Rehabilitation for conducting a purportedly unlawful search of a residence, and after an administrative hearing the discipline was upheld by the State Personnel Board. Earl appealed the trial court’s denial of his administrative mandamus petition, seeking to overturn the Board’s decision. On appeal to the Court of Appeal, Earl argued: (1) his motion to dismiss should have been granted due to lack of timely notice; and (2) no substantial evidence showed the search was unlawful, and that the level of discipline by the Department and later upheld by the Board reflected an abuse of discretion. The Court of Appeal agreed that notice was untimely. As such, the Court did not reach Earl’s remaining contention. The case was reversed and remanded with directions to issue a writ commanding the Board to grant Earl’s motion to dismiss.
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