Volandri v. Taylor

California Court of Appeal Jun 16, 1932 No. Docket No. 4593.Published

Before: Thompson

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Holding. The court held that a probationary teacher was validly discharged because he received actual written notice of his termination before the statutory deadline, rendering the failure to use registered mail immaterial and the notice's language sufficient.

Issues

Whether the failure to serve a notice of termination via registered mail renders the discharge of a probationary teacher void when actual receipt is undisputed.
Whether the language used in the notice of termination was sufficient to inform the teacher that his services were no longer required.

Disposition. reversed

Quotations verified verbatim against the opinion

“Having received the written notice before the expiration of the time limited by law, it does not matter whether the teacher received it by registered or unregistered mail.”

“The manner of serving this notice, as suggested by the statute, is not mandatory.”

[357]

THOMPSON (R. L.), J.

This is an appeal from a peremptory writ of mandate which was issued to compel the appellants as trustees of a union high school district, to reinstate a probationary teacher, whom they attempted to discharge.

The appellants are the duly elected and qualified trustees of Jackson Joint Union High School District in Amador County. The respondent was employed by said board of trustees and served as a probationary teacher in said high school district for the school year commencing September 2, 1930. He has held himself in readiness to continue his services as such probationary teacher in that district throughout the school year of 1931-1932. May 4, 1931, the school board met in regular session in the office of the high school building at Jackson, and unanimously passed a resolution to the effect that the respondent’s services as a teacher in that school for the ensuing school year were not desired. The clerk of the school board was then directed to so notify the respondent in the manner required by law. May 8, 1931, George Vela, who was then a member of said school board and the duly selected clerk thereof, sent the following written notice of a termination of his employment to the respondent:

“Jackson Joint Union High School.

“May 5th, 1931.

“Mr. D. Volandri,

“Jackson, Cal.

“Dear Mr. Volandri:

“As Clerk of the Board of Trustees it becomes my painful duty to inform you that at a recent meeting of the Board you were not reelected as a member of the faculty.

“With my kindest personal wishes, I am,

“G. E. Vela, Clerk.”

'This written notice was mailed to the respondent on May 8, 1931, by inclosing it in an envelope, addressed to the respondent at the National Hotel at Jackson, Amador County, California, with the postage thereon prepaid. It was thereupon deposited in the United States postoffice, at that place. The court found: “That petitioner [D. Volandri] received the letter set forth in paragraph IX [containing the above quoted notice of termination of services]

Volandri v. Taylor

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THOMPSON (R. L.), J.

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