Perry v. Chatters

McCOMB, J.

Plaintiff was an employee of the State of California, holding the position of Inspector of Economic Poisons and Fertilizers, Bureau of Chemistry, Department of Agriculture, with permanent civil service status from December 14, 1941, to February 25, 1952. On December 13, 1951, plaintiff received a notice of punitive action by the appointing authority under Government Code, section 19574,

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and on February 23, 1952, plaintiff was served with a second notice of punitive action signed by defendant A. A. Brock, of the Department of Agriculture of the State of California, discharging plaintiff as of February 25, 1952.

The notice charged plaintiff with certain acts and conduct which were alleged to constitute drunkenness on duty, intemperance, inexcusable absence without leave, willful disobedience, misuse of state property and failure of good behavior, and acts which are incompatible with and inimical to the public service within the meaning of section 19572, subdivisions (h), (i) (k), (p), (q), and (s).

Plaintiff filed his answer to the notice in which he denied a substantial number of the allegations and made certain affirmative allegations.

A hearing was held by the State of California Personnel Board before duly appointed hearing officers of the board. After receiving oral and documentary evidence on behalf of plaintiff and defendants, and after making findings of fact, the board rendered its decision on July 18, 1952, sustaining

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without modification the action taken by defendant Brock dismissing plaintiff from his position.

Plaintiff filed a request for rehearing with the board which was denied on September 5,1952. On October 14,1952, plaintiff filed his petition for an alternative writ of mandate in the superior court of Los Angeles. The matter was submitted on the transcript of the record of the hearing and the written briefs of counsel. The trial court entered an order January 7, 1953, denying plaintiff’s petition for an alternative writ of mandate. Prom this order he appeals.

Question:

Did the petition for a writ of mandate fail to state a cause of action?