Jackson v. Howser

McCOMB, J.

This appeal is from a judgment in favor of respondents dismissing a second amended petition for an alternative writ of mandate by which petitioners sought reinstatement in their positions in the office of the District Attorney of Los Angeles County.

Petitioners state the material allegations of their amended petition for an alternative writ of mandate to be these:

(1) That the positions to which petitioners seek reinstatement are in the civil service of Los Angeles County.

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(2) That the petitioners were appointed to their respective positions in conformity with the provisions of the Charter of Los Angeles County and the rules and regulations of the County Civil Service Commission.

(3) That all the petitioners faithfully performed their duties in their respective positions continuously for more than six months.

(4) That the positions held by the petitioners were under the provisions of the rules of the Civil Service Commission— permanent positions.

(5) That the petitioners were not dismissed from their respective positions in the manner provided by the rules of the Civil Service Commission.

(6) That the petitioners were dismissed from their respective positions solely for political reasons and not for any action or conduct of the petitioners related to or germane to the good of the civil service.

This is the sole question necessary for us to determine:

Did the second amended petition for an alternative writ of mandate state a cause of action?

This question must be answered in the negative and is governed by this established rule in California, to wit:

It is a jurisdictional prerequisite to an action for judicial relief that the applicant must first invoke and exhaust administrative remedies provided by the provisions of a statute or charter.

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v.