No. D057740. April 4, 2011. Appeal from the Superior Court of San Diego County, No. 37-2009-00093780-CU-WM-CTL, Steven R. Denton, Judge. Jose A. Gonzales and Mark Bresee for Plaintiff and Appellant. No appearance for Defendant and Respondent. Tosdal, Smith, Steiner Wax and Fern Steiner for Real Party in Interest and Respondent. OPINION NARES, Acting P. J. Frank Lampedusa, a tenured teacher with the San Diego Unified School District (District) and the real party in interest in the matter, appealed