Murata v. Vernon School District

CRAIG, J.

— This is an original proceeding in

mandamus

to compel the admission of the minor petitioners herein to the public schools of the Vernon City School District.

The following facts are undisputed: The territory in which the petitioners reside was, prior to February 20, 1914, outside of any incorporated city, and situated in what was then known as the Fruitland school district of Los Angeles County. On that date the area involved herein was duly annexed to the city of Vernon, which at that time was, and now is, a city of the sixth class. However, no change was in fact made in the boundaries of the Fruitland school district at thé time of the annexation. It is recited in respondents’ return: “That at all times referred to herein the said district was, and now is, a duly organized and existing school district of the state of California, and that at all such times the said district was bounded by duly established and existing boundary lines within which, until December 6, 1926, was included the territory involved herein; that within one year prior to July 23, 1925, there was levied in said district, and in the territory involved herein, a school tax which purported to be, and which was, for the school purposes of the said Maywood School District; ...”

In 1917 section 1576 of the Political Code was amended to provide that “in no instance shall the territory within an incorporated city of the sixth class be in more than one school district.” In 1925, a law was enacted (Stats. 1925,

[93]

p. 233) declaring that “the boundaries of every school district as established one year prior to July 23, 1925, are confirmed and validated, provided that within such year a . school tax for the purposes of such district has been levied therein. ’ ’

A situation quite similar to that here presented was before us in the case of

Matot

v.

Inglewood School Dist.,

71 Cal. App. 557 [235 Pac. 667], the only difference in the facts being that in the last-named case the territory involved was annexed to the city of Inglewood after the enactment of the amendment to section 1576.