Carrasco v. State Personnel Bd.
Annotate this CasePlaintiff-appellant Jenaro Carrasco worked as a parole agent for real party in interest Department of Corrections and Rehabilitation (department) for five years. He was promoted to the position of special agent and was subject to a 12-month probationary period. The department served Carrasco with a notice of rejection before the end of the probationary period and stated six reasons for the rejection. Carrasco challenged his rejection before defendant-respondent the State Personnel Board (the board) and, when the board upheld his rejection, he petitioned the superior court for a writ of administrative mandamus. At the conclusion of the administrative and superior court proceedings, only two of the reasons given for Carrasco’s rejection were found to have been supported by substantial evidence. However, both the board and the superior court concluded Government Code section 19175 did not mandate reinstatement if less than all the reasons given for the rejection were upheld. In addition, the board and the superior court concluded the department had not acted in bad faith when it rejected Carrasco. Therefore, the superior court denied Carrasco’s petition. After review, the Court of Appeal concurred with the board and superior court, and affirmed the superior court's judgment.
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