Salmon v. Allen

THE COURT.

Appellant filed in the Superior Court of the County of Alameda a petition, alleging in substance that she had been employed as a probationary teacher in the Oakland city high schools for three successive school years and thereupon became entitled to be classified as a permanent teacher therein, that respondents refused to so classify her, and she prayed for a writ of mandate requiring such classification to be made. An order to show cause issued.

Respondents demurred to the petition, and also denied certain of its allegations and admitted others.

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At the hearing it was stipulated that in the event the court found that a certain notice sent to petitioner was sufficient to accomplish her dismissal from her employment as a teacher, no finding should be made with respect to the successful or unsuccessful character of her services.

The parties agree that the only evidence adduced at the trial consisted of a resolution of the board of education and a letter mailed and received by petitioner. The other facts, except such as were admitted by the pleadings, were stipulated in open court.

The trial court made findings, from which it concluded that petitioner should take nothing by her petition. A judgment was accordingly entered, from which petitioner has appealed.

She claims that certain of the court’s conclusions are unsupported. According to the stipulation petitioner was employed by resolution of the board, adopted on June 12, 1928, to serve as a teacher for the school year 1928-1929. She served as such for two complete consecutive school years, namely, 1928-1929 and 1929-1930. She continued to serve during the school year 1930-1931 to and including June 5, 1931, the date on which the schools closed for the summer vacation. On June 4, 1931, the board adopted the following resolution: “That in keeping with the School Code of California, art. IV, secs. 5.680, 5.681 and 5.682 the services of Mrs. Grace Salmon, probationary teacher, who has not met the Oakland standard of teaching, be discontinued.” Following this a letter was mailed by the board to petitioner and received by her. The letter was as follows: “Mrs. Grace Salmon, 369 Adams street, Oakland, Calif.—Dear Mrs. Salmon: In keeping with the provisions of the School Code of California, art. IV, paragraph 5.681 you are hereby notified that your services will not be needed in the Oakland Public Schools after the close of the present school year on June 5, 1931.—John W. Edgemond, Secretary Board of Education.” Respondents refused to permit petitioner to serve as a teacher during the school year 1931-1932, or to pay her any salary for that year.