Clementine v. Board of Civil Service Commissioners

McCOMB, J. Petitioners appeal from: (1) An order of the trial court denying their application for a writ of mandate to compel respondent board of civil service commissioners to certify the names of petitioners as eligible from existing registers of the civil service commission to fill the positions of captain, lieutenant, and sergeant of police respectively in the police department of the city of Los Angeles;

(2) An order of the trial court denying the application of petitioners for an order restraining respondent board of civil service commissioners from certifying any names to the appointing power of the city of Los Angeles as persons eligible to fill the positions above mentioned pending the determination of the appeal from the order denying petitioners’ application for a writ of mandate.

The essential facts are:

September 21, 1937, respondent board of civil service commissioners approved a register of eligibles for the position of captain in the police department of the city of Los Angeles upon which appeared the name of respondent James E. Clementine. June 22, 1938, said respondent approved registers of eligibles for lieutenant and sergeant of police in the police department of said city, upon which appeared the names of petitioners Cantin and Shultz respectively.

[114]■Subsequently there were vacancies in the police department of the city of Los Angeles in the ranks of captain, lieutenant, and sergeant, and respondent commission refused to certify to the board of police commissioners of the city of Los Angeles any names for the purpose of filling said vacancies from the registers of eligibles of said commission. The present proceedings were instituted to compel respondent board of civil service commissioners to certify to the police commission the names of petitioners as eligible to fill the vacancies in the respective positions of captain, lieutenant, and sergeant of police.

(1)

Respondents first confront us with the proposition that the questions presented to this court are now moot, for the reason that the registers of eligibles herein involved have expired by lapse of the time limit prescribed in the charter of the city of Los Angeles.

This proposition is tenable and is governed by these rules:

(1) A writ of mandate will not issue to enforce an abstract right, when the occurrence of an event subsequent to the commencement of the proceeding makes the issuance of the writ of no practical benefit to the petitioner. (Board of Education v. Common Council, 1 Cal. App. 311, 312 [82 Pac. 89]; Green v. Jordan, 216 Cal. 318, 319 [14 Pac. (2d) 297] ; Jones v. Clark, 355 Ill. 527 [189 N. E. 870, 872] ; State ex rel. Shelton v. Edwards, 109 Conn. 249 [146 Atl. 382, 384] ; State ex rel. Apple v. Pence, 137 Ohio St. 569 [31 N. E. (2d) 841, 844].)