Montgomery v. Board of Education

ARCHBALD, J., pro tem. Appeal by plaintiff from a judgment quashing an alternative writ of mandate issued upon her petition and denying her prayer for a permanent writ.

The case was presented to the trial court on stipulated facts, which show that plaintiff held certificates entitling her to teach in the Los Angeles City High School District, and she was elected by the defendant Board of Education to teaching service in said district and was so assigned February 7, 1916, continuing to teach therein until January 22, 1921, when a temporary leave of absence was given, evidently at her request. 'September 21, 1921, she was again elected and assigned as a teacher in said district and continued so to act until October 15, 1923, at which time she resigned on account of ill health. February 6, 1924, appel[669]lant was once more elected and assigned to teaching service in said district, this time as a substitute teacher, and served as such until the end of that school year, June 30, 1924. April 12, 1924, appellant took and passed an examination to requalify for teaching service after her resignation. September 8, 1924, she was elected and assigned as a probationary teacher and served the full year, or until June 30, 1925. September 9, 1925, she was again elected and assigned to serve as a probationary teacher and served as such until her “illness in quarantine”, from October to December, 1925, which was followed by a leave of absence until March 13, 1926, when she was assigned as substitute teacher, serving in such capacity until the end of the school year, June 30, 1926, a total of 112 days for such school year. July 1, 1926, she was again elected and assigned as a substitute teacher and served as such a total of 119 days for such school year. July 7, 1927, she was again elected and assigned as a substitute teacher and served a total of 164!/2 days in that school year. May 28, 1928, she was given a probationary contract and served in such capacity for the school year following, or until June 30, 1929. May 16, 1929, appellant was again elected and assigned as a substitute teacher, but on September 12, 1929, her contract was changed by said board to that of a probationary teacher and she was assigned to serve as such in the Gardena high school, serving for the full year or until June 30, 1930. July 1, 1930, she was given a probationary contract, but when she refused a transfer to some school in the metropolitan district as a probationary teacher she took a substitute contract so as to be able to teach in such area, serving there for 174% days in the year ending June 30, 1931. Appellant signed a letter prepared in the office of defendant board and dated September 2, 1930, stating that she knew that she “was offered the opportunity of teaching a third year on probation at Gardena high school during the school year 1930-1931”, but that she preferred to do substitute work beginning September 2, 1930, “with the understanding that, should I later secure a regular position, I will expect to complete my probationary work by serving at least one additional year as a probationary teacher”. May 5, 1932, appellant was discharged by respondents, effective June 30, 1932. No