LAUSD'S FALSE OVERPAYMENT LITIGATION AGAINST TEACHERS AND WHAT THEY CAN DO ABOUT IT
Whether it is fabricating charges against more expensive high seniority teachers to get rid of them or subsequently adding insult to injury by making bad faith false allegations of overpayment against them, both actions are predicated on the idea that a teacher now without salary or benefits will be hard pressed to mount a legal defense.
For those of you teachers and other LAUSD employees who have been so falsely charged with having been overpaid, what follows is a way you can finally and reasonably defend yourself. Linked below is an "Answer" to LAUSD's false allegations of overpayment that you can use along with the blank forms and content necessary to defend yourself in court.
Copy the information from my attached sample "Answer" below into the blank template provided, if the facts are the same in your case. Then cut and paste the following as indicated into the blank forms provided at the bottom. Be sure to change case number, if yours is not the same. Then all you have to do is file the documents with the court and pay the filing fees.
(Form PLD-C-010 two pages)
Affirmative Defenses
1. This Court lacks jurisdiction because the causes of action alleged in the First Amended Complaint arise under a Collective Bargaining Agreement (CBA) entered into by LAUSD and United Teachers Los Angeles (UTLA), the alleged overpayment of wages is a subject of mandatory collective bargaining under the Educational Employee Relations Act (EERA), and the interpretation of issues arising under a CBA are subject to the exclusive initial jurisdiction of the Public Employee Relations Board (PERB). Therefore, LAUSD has not satisfied the procedural prerequisite that it exhausted its administrative remedies under the EERA.
2. Neither the First Amended Complaint nor any cause of action alleged therein alleges facts sufficient to state a cause of action against this answering defendant.
3. The damages, if any, were the result of the negligence, fault, incompetence, carelessness, want of due care, and defective design and operation of the LAUSD payroll LAUSD'S FALSE OVERPAYMENT LITIGATION AGAINST TEACHERS AND WHAT THEY CAN DO ABOUT IT - Perdaily.com:
