Reeves v. Superior Court

Opinion

DEVINE, P. J.

Ronald L. Reeves, a permanent teacher in the San Mateo Union High School District, seeks a writ of mandate or prohibition to command the superior court to sustain a demurrer or otherwise to pre

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vent further prosecution of a lawsuit. The board of trustees of the district commenced the suit on October 16, 1970, seeking the court’s decision that there were sufficient grounds for dismissing Reeves. Summary judgment in favor of the trustees having been granted, Reeves appealed. The judgment was reversed. Remittitur was issued on March 13, 1973.

On March 7, 1973, the statutory procedure for the dismissal of permanent teachers was changed. On this date chapter 361, Statutes of 1971, more commonly referred to as the Stull Bill, went into effect. Sections 13413-13437 of the Education Code were repealed, and sections 13404, 13412 and 13439 of the Education Code were substantially amended. In order to bring about the dismissal of a permanent teacher, it was no longer necessary for the governing board to file a complaint in the superior court. Instead, Education Code section 13412, as amended, provided: “When any employee who has been served with notice of the governing board’s intention to dismiss him demands a hearing, the governing board shall have the option either (a) to rescind its action, or (b)

schedule a hearing on the matter.”

(Italics added.) The power to determine whether a permanent employee was subject to dismissal was transferred from the superior court to the Commission on Professional Competence. (Ed. Code, § 13413.) The role of the superior court in such dismissal proceedings was limited to judicial review of the commission’s determination. (Ed. Code, § 13414.)

Petitioner contends, as he did by demurrer filed subsequent to the remittitur, that by reason of the repeal of and amendments to the statutes, as described above, the superior court was divested of jurisdiction except as to the reviewing process. We do not agree; we find continuing jurisdiction in the superior court of this pending cause.

First, there is the general principle that every statute will be construed to operate prospectively and will not be given retroactive effect unless the intention that it should have that effect is clearly expressed, This principle applies to legislation which limits a court’s jurisdiction; it will not be applied to pending litigation, absent clear legislative expression. (Be