In September 2008, plaintiff Sharon McClain Ed.D., was hired as superintendent of the Del Mar Union School District, which included eight elementary and middle schools. In March 2010, one year and six months into her four-year contract, McClain was terminated from employment allegedly based on a material breach of contract related to her work performance, outlined in an evaluation conducted by the district’s Board of Education. McClain sued the Del Mar Union School District. She alleged that the district’s actions constituted a breach of contract, a tort of conversion in regards to a claim that the employment contract was breached, and wrongful termination. The matter proceeded to a bench trial. McClain claimed that the school district did not have good cause to terminate her. She alleged that the Board of Education was dysfunctional and that the majority of the board wanted to do the superintendent’s job by micro-managing the school district. She claimed that as a result, the board had also fired the prior superintendent without good cause. McClain claimed that since she opposed the board’s actions, its members prepared a false evaluation to justify her termination. She further claimed that the school district breached her contract by not providing her with more salary, which would have increased her retirement benefits. Defense counsel argued that McClain breached her contract with the Del Mar Union School District by not properly performing her duties as superintendent. Specifically, counsel contended that McClain intentionally or willfully did not perform duties as required by the agreement, such as providing leadership and evaluating employees, and that she violated the board’s policies and regulations relating to personal matters. Defense counsel also argued that McClain’s performance evaluation was valid and that she was terminated with good cause. In addition, counsel argued that McClain’s contention that the contract required the school district to increase her salary was without merit., McClain claimed $411,000 in damages for back pay, consisting of the two years and six months remaining on her contract at the time of her termination. She also sought $32,000 in lost tax-sheltered annuity payments, as well $118,000 in lost pension benefits. Defense counsel argued that McClain was terminated for legitimate business reasons, and was owed zero damages. Counsel also argued that McClain mitigated her damages by finding a new job as a consultant.