Mierke v. Department of Water Resources

Opinion

PARAS, J.

Appellant (hereinafter plaintiff), a civil service employee of the State Department of Water Resources (hereinafter Department), appeals from a judgment of dismissal entered after the trial court sustained without leave to amend respondents’ (hereinafter defendants) demurrer to his petition for writ of mandate.

Plaintiff was an associate engineer in the Department prior to May 1978 when he was formally promoted to senior engineer. But before his promotion and between December 11, 1972, and May 3, 1978, he performed the duties of senior engineer without being assigned to that position.

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His superiors informed him he would be compensated at the

[60]

higher level and the Department certified he had performed “out-of-class” services, but the State Board of Control allowed only part of his claim for compensation.

Plaintiff asserted he was entitled to full compensation by virtue of Government Code section 19257 which provides: “Any person acting in good faith in accepting an appointment or employment contrary to this part or the rules prescribed hereunder, shall be paid by the appointing power the compensation promised by or on behalf of the appointing power or, in case no compensation is so promised, then, the actual value of any service rendered and the expense incurred in good faith under such attempted appointment or employment, and has a cause of action against the appointing power therefor.”

The trial court held that plaintiff was entitled to no “out-of-class” compensation, citing this court’s decision in

Snow

v.

Board of Administration

(1978) 87 Cal.App.3d 484 [151 Cal.Rptr. 127], We agree and affirm. All aspects of plaintiff’s contentions were thoroughly explored in

Snow.

Specifically, we there analyzed the provisions of section 19257 and their effect upon a claim such as that of plaintiff, concluding that it did not validate it. The issue before us is identical and the same result is compelled.