Salas v. Cal. State Personnel Bd.
Respondent California Department of Corrections and Rehabilitation (CDCR) dismissed appellant James Salas from his employment as a parole agent after determining that he had engaged in misconduct. Salas appealed the dismissal to the California State Personnel Board (Board), which upheld the dismissal. Salas thereafter filed a petition for a writ of administrative mandamus in the superior court pursuant to Code of Civil Procedure section 1094.5.[1] The court denied the petition and entered judgment in favor of the CDCR and the Board.
On appeal, Salas contends that “it does not appear that there is any indication that the trial court applied the correct standard of review†with respect to the Board’s decision and that the matter should be remanded so that the court may apply the proper standard. He also argues that there is not substantial evidence to support the Board’s findings. Salas further contends that his dismissal from employment was “grossly disproportionate to the alleged wrongs.â€
For reasons that we will explain, we will affirm the judgment.
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