Jaimes v. Cal. Com. on Teacher Credentialing CA2/7


Filed 3/2/21 Jaimes v. Cal. Com. on Teacher Credentialing CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN JUAN M. JAIMES, B291851 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BS170161) v. CALIFORNIA COMMISSION ON TEACHER CREDENTIALING, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, James C. Chalfant, Judge. Reversed. Trygstad, Schwab & Trygstad, Lawrence B. Trygstad and Richard J. Schwab for Plaintiff and Respondent. Xavier Becerra, Attorney General of California, Linda K. Schneider, Senior Assistant Attorney General, Antoinette B. Cincotta, Supervising Deputy Attorney General, Theodore S. Drcar, Deputy Attorney General for Defendant and Respondent. _______________________ INTRODUCTION The California Commission on Teacher Credentialing (Commission) appeals from a judgment granting a petition for writ of mandate directing the Commission to set aside its decision to revoke the teaching credential of Juan Jaimes as a penalty for his misconduct and to “impose some lesser penalty that lies within its discretion.” The Commission argues its exercise of discretion to revoke Jaimes’s credential is subject to de novo review and the trial court erred in ruling it had abused that discretion in revoking Jaimes’s credential. We reverse. FACTUAL AND PROCEDURAL HISTORY A. Background 1. Leon Takes Jaimes’s Geometry Class Jaimes was born in Mexico in 1974 and immigrated to the United States in 1988. He graduated from Valley High School in Santa Ana, where he met Brenda Jaimes.1 Brenda and Jaimes married in 1998. In 2002, Jaimes graduated from California State University Fullerton with a degree in mathematics. In 2002, the Commission issued a “Single Subject Teaching Credential” to Jaimes. In September 2002, the Santa Ana Unified School District (Santa Ana District) hired Jaimes to teach math at Valley High School. He taught math for seven years at Valley High School until his resignation in 2009. In 2006, Jaimes and Brenda, who had two children, separated and filed for dissolution of their marriage. They reconciled in 2007. 1 We refer to Brenda Jaimes by her first name to avoid confusion. 2 Jenny Leon was born in Mexico in January 1988, and came to the United States in September 2003 when she was 15 years old. Leon lived in Arizona with her father and attended high school there. In June 2005, when she was 17 years old, Leon moved to Santa Ana and lived with her grandmother. Leon’s aunt enrolled Leon in Valley High School for the 2005-2006 school year as a junior. During that year, Leon worked afternoons and weekends at a swap meet to earn money to pay for her food and rent. During her junior year, Leon enrolled in Jaimes’s geometry class. Jaimes’s relationship …

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