City of Fresno v. Superior Court

In City of Fresno v. Superior Court (1987) 188 Cal. App. 3d 1484, the public employee's civil suit alleged that the City wrongfully discharged him in bad faith and without just cause, that the individual defendants' fraudulent accusations and lies constituted intentional interference with plaintiff's contractual employment rights, that individual defendants falsified documents to support the termination, and negligent infliction of emotional distress. The Court concluded each of the causes of action related to the employee's right of continued employment; they were necessarily premised on an assertion that the civil service board's decision to uphold the removal was erroneous or unjustified. The board, however, held plaintiff's termination was proper as based upon several acts of misconduct. As such, we held that the plaintiff had to set aside the board's decision in a writ of mandate proceeding as a prerequisite to filing his claims. (City of Fresno, supra, 188 Cal. App. 3d 1484, 1489-1490.)