Hayes v. City of Long Beach

CRAIG, Acting P. J.

Petitioners P. M. Shrode, since deceased, and Daniel P. Collett, claiming to be employees of the City of Long Beach, in Los Angeles County, each petitioned the Superior Court for a writ of

mandamus

requiring the approval, allowance and issuance of his. warrant for

[95]

salary. A demurrer to the petition of Shrode was overruled, and after trial on the merits judgment was rendered in favor of the defendants. A like demurrer to the petition of Collett was sustained without leave to amend. Upon the demise of F. M. Shrode, the executrix of his estate was substituted for the purposes of these proceedings. The petitioners appeal from the adverse rulings above mentioned.

In all of the respects pertinent to a discussion of the pleadings each ease presents the same questions. It is alleged that the petitioners were employed under and were subject to the provisions of rules and regulations adopted in accordance with the city charter, which were in force and effect at all of the times mentioned. The enabling provisions of the charter, and the material portions of such rules and regulations, are set forth in the petition. The petitioners aver that while so employed they were notified in writing by the city manager that, effective within one day from the date of notice they would be “laid off,” “out of your order of seniority,” “for the good of the service.” Within three days thereafter, Shrode “made application for an appeal from the aforesaid order or notice.” Previously to such notification, Collett, having been advised by an assistant to the city manager that his services would be terminated about one year later, and being informed by said official that such decision was final, made application for an appeal, but it is not alleged that he sought an appeal from the order laying him off. Each employee requested that he be presented with specific reasons or grounds for the action taken, and that he be afforded a hearing thereon. Neither a hearing nor an appeal was permitted in either instance. Thereafter petitioners presented themselves as ready, able and willing to perform their former duties, but were not reinstated. Their warrants for compensation during the succeeding months were rejected, whereupon they petitioned the Superior Court for mandatory relief, as already stated.