De Groat v. Newark Unified School Dist

In De Groat v. Newark Unified School Dist. (1976) 62 Cal.App.3d 538, it was held that where a teacher, dismissed by a commission on professional competence for unfitness for service, sought judicial review under section 13414 44945 and obtained a writ of mandate compelling his retention, he was entitled under subdivision (e) of section 13413 to an award of attorney fees at the superior court level. The court stated: "Although section 13413 does not specifically refer to attorney fees upon a judicial review of the administrative action dismissing the employee, the effect of annulment of that administrative action by means of a writ of mandate is to compel the school governing board to order that the employee not be dismissed. Therefore, an award of attorney's fees is within the literal terms of the statute where the employee prevails and obtains a writ of mandate directing reinstatement."