PARKER v. YUBA COUNTY WATER DIST., 07-15648 (9th Cir. 12-1-2008)

Dennis L. Parker ("Parker") appeals the district court's grant of summary judgment in favor of the Yuba County Water District ("District") on Parker's procedural due process claim regarding his employment termination. Because we find that under the particular facts of this case, the District cannot rely on the provisions of California Water Code § 30542 to control whether Parker could be terminated without cause, we reverse and remand to the district court.

Where the terms in a public employee's employment agreement may be inconsistent with a statute that provides that a position is to be "at the pleasure" of the governing agency, California law recognizes