Page v. Miracosta Cmty. College Dist., No. D054212

In plaintiff-taxpayer's multi-count petition for writ of mandate challenging the District Board of Trustee's actions in approving a settlement between the District and a former president and superintendent of the District and a community college, judgment of the trial court is reversed and remanded where: 1) plaintiff was entitled to summary adjudication of illegal expenditure of public funds and unjust enrichment claims on grounds that District's payments to the former president in connection with the termination of her contract exceed the cash and noncash limitations contained in section 53260 and 53261; 2) defendants are not entitled to summary judgment on the claims alleging an unconstitutional gift of public funds; and 3) trial court erred in sustaining defendant's demurrers to plaintiff's claim of violation of section 54956.9 of the Brown Act without leave to amend.     

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Appellate Information

Filed December 21, 2009

Judges

Opinion by Judge O'Rourke

Counsel
For Appellant:   Ronald James Cozad

For Appellee:   Jack M. Sleeth; Winet, Patrick & Weaver and Randall L. Winet