In what circumstances will the court shift the burden of proving prejudice and proving laches to the state?

California, United States of America


The following excerpt is from Fahmy v. Medical Bd. of California, 38 Cal.App.4th 810, 45 Cal.Rptr.2d 486 (Cal. App. 1995):

[38 Cal.App.4th 817] Fahmy and the trial court relied on the case of Brown v. State Personnel Bd., supra, 166 Cal.App.3d 1151, 213 Cal.Rptr. 53, for the proposition that an administrative delay can be unreasonable as a matter of law, which in turn shifts the burden to the agency of explaining the delay and disproving prejudice. There, a state university professor was dismissed from his job after students complained he was sexually harassing them. The appellate court found a strong analogy between the professor's position with the state and the position of other state employees who were subject to a three-year statute of limitations if they were to be disciplined for instances of misconduct. Accordingly, the court applied the three-year statute of limitations by analogy to the professor's claim of laches, and shifted the burden of proving laches to the agency.

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