Petersen v. Civil Service Board

KNIGHT, J.

Motion by respondents for an order to recall the

remittitur

issued herein on June 30, 1924, and to strike therefrom the words “the appellant to recover costs of this appeal.”

The appellant Walter J. Petersen commenced this proceeding in

certiorari

in the superior court of Alameda County for the purpose of having reviewed and annulled certain proceedings of the Civil Service Board of the city of Oakland in regard to the reinstatement of the appellant as a member of the Oakland police department. After issue was joined and a trial had upon the merits, the trial court confirmed the order of the said Civil Service Board, dismissed said writ of review, and allowed respondents their costs. Petersen appealed from the judgment of said trial court and on April 30, 1924, said judgment was reversed.

(Petersen

v.

Civil Service Board,

67 Cal. App. 70 [227 Pac. 238].)

.The respondents then petitioned for a hearing before the supreme court and their petition was denied on June 26, 1924.

(Petersen

v.

Civil Service Board, supra.)

Thereafter, and on June 30, 1924, the

remittitur

was issued by the clerk of this court and filed in the office of the clerk of the trial court on July 1, 1924.

Respondents contend that a

certiorari

proceeding is not one of those proceedings included within the provisions of section 1027 of the Code of Civil Procedure, which allows costs to a prevailing party on appeal; that in the instant case the decision of the Civil Service Board sought to be annulled was rendered by said board while sitting in a judicial capacity, and that therefore neither the Civil Service Board nor any individual member thereof, nor the city of Oakland, is liable

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