Tuesday, April 03, 2007

Hoschler v. Sacramento City Unified School District (Cal. Ct. App - April 3, 2007)

The failure to spend $60 or so on a messenger/process server -- and using a $1.25 certified mail letter instead -- means that the Sacramento City Unified School District is required to rehire a teacher it wants to terminate for another year. So sayeth Justice Butz.

As Robert Burton (and, later, Benjamin Franklin) used to say: Penny wise, pound foolish.

The opinion is actually a bit interesting for due process scholars, and concerns whether certified mail on Day X is sufficient to meet a deadline of notification by Day X, or whether personal notice is actually required. As a matter of statutory interpretation, Justice Butz concludes the latter. Arcane, but nonetheless interesting, stuff.

So hire a process server. They need the work anyway.