Kim v. Cal. State Personnel Bd.
During his probationary period, plaintiff Richard Y. Kim was rejected from his position as a dentist employed by real party in interest Department of Corrections and Rehabilitation (Department) at Kern Valley State Prison, a maximum security prison. The rejection was upheld by defendant State Personnel Board (Board).
Plaintiff filed a petition for rehearing with the Board, which was denied. Next, plaintiff filed a petition for writ of administrative mandate with the trial court seeking a peremptory writ ordering the Board to reverse its decision and reinstate him to his position with full back pay and benefits. The trial court denied plaintiff’s writ petition, as well as his motion for new trial and renewed motion for new trial that followed.
Plaintiff appeals the denial of his writ petition, his motion for new trial, and his renewed motion for new trial. As we will explain, because plaintiff’s notice of appeal was not timely filed, we must dismiss the appeal.
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