Procedural Posture

[Saim Khan]

Plaintiff department chair appealed from a judgment of the Superior Court of Sacramento County (California) granting defendant university's demurrer to an employment contract claim and motion to strike injunctive relief, damages, and attorney fees. Plaintiff sued defendants for violation of his liberty interest by stigmatizing his name in terminating him and breach of the covenant of good faith and fair dealing.

 

Overview: civil code 2079

Plaintiff alleged the decision to terminate him as chair of the radiology department was based upon unproved allegations of misconduct which stigmatized his reputation. Defendants' offer of a name-clearing hearing, three and one-half years after his chairmanship was terminated, was sufficient to remedy any violation of his liberty interest. The court found plaintiff had no right to recover damages for violation, if any, of his due process right to a name-clearing hearing. Plaintiff could have petitioned for a writ of mandate compelling defendants to give him a name-clearing hearing, or brought a defamation action. The availability of alternative remedies militated against finding a monetary remedy. The language of the constitutional provision and the materials before the voters did not permit the inference that the voters intended to create a damage remedy. The trial court properly sustained the demurrer to plaintiff's contract claim because public employment was not held by contract but by statute.

 

Outcome

The judgment granting defendant university's demurrer to an employment contract claim and motion to strike injunctive relief, damages and attorney fees was affirmed.