On Feb. 12, 2010, plaintiff Hacienda La Puente Unified School District learned that one of its high school teachers, Mark McCleave, allegedly injured his elbow and needed to go out on disability. However, the school district claimed that it found that McCleave was employed at another job while he was supposed to be out on “industrial accident and illness leave.” Hacienda La Puente Unified School District sued McCleave for fraud. Plaintiff’s counsel contended that while out on disability, McCleave was working at race tracks. According to plaintiff’s counsel, McCleave worked at Santa Anita Park from March 27, 2010, through April 24, 2010; at Hollywood Park from April 27, 2010, through July 5, 2010; and at Del Mar Park from July 13, 2010, through Sept. 8, 2010. Counsel asserted that working other jobs while out on medical leave is a violation of McCleave’s contract, and made him ineligible to receive his accident and illness leave benefits. Plaintiff’s counsel contended that the purpose of the benefit is to keep the employee whole on his income while he or she is home recovering from an illness or injury, not to allow the employee to have alternate forms of employment. McCleave, acting pro per, claimed that he did not obtain alternative forms of employment while he was out on leave, and that he had the second job prior to his injury., Hacienda La Puente Unified School District claimed that McCleave received $10,871 in pay during the time he was supposedly injured. Thus, it sought recovery of $26,090.22 in overall expenses, including the amount paid to McCleave, and investigation and legal costs as a result of the claimed fraud.