Gobel v. County of San Luis Obispo

Opinion

KINGSLEY, J. Plaintiff brought an action for declaratory relief and for mandate to determine that he is a permanent deputy sheriff of defendant county and an ex-officio marshal of the San Luis Obispo County [96]Municipal Court. The trial court entered judgment against him and he has appealed; we affirm.

The trial court made elaborate findings of fact. We summarize the material findings as follows:

On or about February 21, 1966, plaintiff was appointed as a reserve deputy sheriff of San Luis Obispo County. He was then 45 years of age and was not eligible for appointment as a regular deputy sheriff because of his age. He served in that capacity, on a part-time basis, until May 14, 1974, when he was appointed as a deputy constable for a justice court in San Luis Obispo County. Thereafter he continued to serve as a reserve deputy sheriff and part-time as a deputy constable. Effective January 6, 1975, the Justice Courts of San Luis Obispo County were replaced by two divisions of a new municipal court. On January 6, 1975, he was appointed as a regular deputy sheriff. He was directed to attend a training course at Allen Hancock College in Santa Maria. After two days, he dropped out of the training program, and has refused to continue with the training course. After a discussion with the sheriff, he submitted a resignation which was accepted.

Plaintiff contends that, under section 71092 of the Government Code, he was automatically “blanketed” into a permanent position as a deputy marshal of the new municipal court and that, under Valentine v. County of Contra Costa (1961) 188 Cal.App.2d 515 [10 Cal.Rptr. 500], it is immaterial whether he had worked full or part-time as a deputy constable.

However, on the facts of this case and the statutes herein applicable, plaintiff’s rights are not governed by section 71092, but by sections 74606 and 74608 of the Government Code. Under section 74606, the new court was entitled only to four deputy marshals. The record indicates that, at the time herein involved, there were more than four persons (including plaintiff) who could claim a right to be “blanketed in” to those four positions. Section 74608 expressly deals with that situation. That section provides as follows:

“The clerks, the constables, their deputies and attaches, and all other officers or employees of the superseded justice courts in San Luis Obispo County, shall become the deputy clerks, deputy sheriffs and ex officio deputy marshals, and officers or employees of the municipal court upon