Kidd v. State Civil Service Commission

TYLER, P. J.

This is an action brought for the purpose of obtaining a writ of

mandamus

directing and commanding defendants to reinstate plaintiff as institutional storekeeper

[654]

at Agnew State Hospital, a position from which he was removed, and to recover damages for loss of wages from the 5th day of October, 1933, to such time as he may be reinstated. Plaintiff’s salary was $110 a month with maintenance. At the conclusion of the trial the court found that plaintiff take nothing by his complaint, defendants to be dismissed with their costs.

The facts, which are practically without dispute, show that plaintiff and appellant was on September 18, 1933, a permanent civil service employee of the state of California employed at Agnew State -Hospital as institutional storekeeper. Respondent, Dr. J. M. Scanland, at such time was medical superintendent of said hospital with full power of direction of appellant as said storekeeper. On said last-named day the doctor summoned appellant to his office and there in the presence of a Mr. Titlow, the office manager, demanded appellant’s written resignation as storekeeper, to take effect at once. Appellant asked concerning the nature of the charges against him and was informed that he was inefficient in his duties. Appellant expressed his unwillingness to resign, whereupon the doctor informed him that if he resigned he might be reinstated and that he would not stand in his way but would join in his request for reinstatement. Appellant testified that Mr. Titlow, the office manager, gave him the same advice. Appellant then informed the doctor that he would think the matter over, whereupon he was informed that he would have to sign a resignation at once or he would be dismissed and out of .civil service for all time. The resignation presented was dated September 18, 1933. Appellant claimed that he was entitled to a vacation, to which suggestion the doctor agreed and requested his secretary to draw up a new resignation effective October 5, 1933. Appellant testified, and his testimony is not disputed, that he inquired of Dr. Scanland whether he would be permitted to withdraw his resignation during the interim if he so desired, and was informed by the doctor that he would have the right to reconsider it and might withdraw it up to the time it became effective. Appellant believing the statement of the doctor, that he could be immediately discharged and thereby lose his civil service standing unless he signed the resignation, complied with the demand. The resignation was immediately accepted by the