Wilson v. Los Angeles County Civil Service Commission

DRAPEAU, J.

By his petition of April 12, 1948, the plaintiff Wilson sought a writ of certiorari to annul an eligible list promulgated on November 25, 1947, as the result of an examination theretofore held for the position of county clerk of Los Angeles County.

On October 5, 1948, the trial court ruled in favor of petitioner Wilson and issued a peremptory writ of mandate requiring defendant commission to cancel such eligible list and hold a new examination not later than February 1, 1949. Thereupon Mr. Earl 0. Lippold, who had been appointed county clerk from the disputed eligible list, resigned effective as of midnight of October 5, 1948. At a meeting held that day, defendant commission cancelled said eligible list and appointed Mr. W. G. Sharp acting county clerk pending

[451]

another examination. As a result of the examination held February 1, 1949, a new list was promulgated on February 24, 1949, and Mr. H. J. Ostley was appointed county clerk.

In March of 1949, plaintiff filed another petition for writ of certiorari to cancel the eligible list of February 24th, on the ground that it was void. He appealed from a denial of his petition, and this denial was affirmed by this court on December 12, 1949.

(Wilson

v.

Los Angeles County Civ. Serv. Com.,

95 Cal.App.2d 51 [212 P.2d 260].)

In the meantime, to wit, on November 17 and 18, 1948, plaintiff Wilson and defendant commission, respectively, appealed from the judgment of October 5, 1948. Plaintiff’s appeal was later abandoned and on May 13, 1950, was dismissed. Defendant’s appeal resulted in a reversal on May 26, 1950, of the judgment of October 5th.

(Wilson

v.

Los Angeles County Civ. Serv. Com.,

97 Cal.App.2d 777 [218 P.2d 547].) Remittitur issued on July 26, 1950. Retrial of the cause was never set. More than a year elapsed, and on September 17,1951, the trial court granted defendant’s motion to dismiss the proceeding of April 12, 1948, and to discharge the writ of certiorari. This motion was made on the ground “that the issues in said action are moot and that the eligible list sought to be annulled herein is no longer in existence and has expired by operation of law and otherwise.”