Comstock v. Board of Trustees

YORK, P. J. — Respondent, a probationary teacher in the Compton Junior College District for a number of years, on December 20, 1935, received the following notice of dismissal signed by the clerk of the Board of Trustees of said district:

“Dear Mr. Comstock: You are hereby notified that the Board of Trustees of the Compton Junior College District, at a meeting held December 1,9, 1935, upon motion by Mr. Reber, seconded by Mr. Nestor and carried unanimously, passed a resolution to dismiss you from your present position as a teacher in the Compton Junior College District and to terminate your contract in accordance with section 5.680 of the School Code of the State of California, and particularly because of unprofessional conduct and persistent violation of, or refusal to obey, the school laws of California, or reasonable regulations prescribed for the government of the public schools. This dismissal is to take effect at the end of the present school month which is January 3, 1936. ’ ’

Respondent refused to accept said letter as sufficient notice of his dismissal and on June 2, 1936, demanded his reinstatement as a probationary teacher of the said school district. His demand having been refused by the governing board, respondent on June 5, 1936, sought a writ of mandate to compel his restoration to his position and the payment of his back [468]salary. On July 6, 1936, the trial court entered its judgment in said proceeding, decreeing that respondent, have judgment as prayed for in his petition and “that a peremptory writ of mandate issue out of and under the direction of this Court, directing and commanding said defendants forthwith to admit plaintiff to his said employment and position as a full time probationary teacher of printing and linotype in the Compton Junior College District”, and directing said defendants (appellants here) to draw their warrant for the payment to respondent of his salary in the sum of $1,123.85, being for the months of January, February, March, April and May, 1936. Said judgment was affirmed upon appeal. (Comstock v. Board of Trustees, 20 Cal. App. (2d) 731 [67 Pac. (2d) 694]), this court holding in a decision rendered on May 8, 1937, that the purported dismissal of January 3, 1936, was ineffectual because the proper procedure for dismissal had not been followed.

On November 23, 1937, respondent made written demand upon appellants that they issue their warrant for an amount equal to his salary for the year 1,936-37 and for the last month of the school year 1935-36, to wit: the month of June, less the amount which he had earned during that period at casual employment. This demand was refused, whereupon respondent instituted the instant proceeding in mandamus, contending that since the governing board did not notify him on or before May 15, 1936, that his services would not be required for the ensuing year, as provided by section 5.681 of the School Code, he was automatically reelected for the school year 1936-37 by virtue of section 5.401 of said School Code.