Yolo County Department of Social Services v. Municipal Court

Opinion

LALLY, J.* The Yolo County Department of Social Services (Department) petitioned the Superior Court of Yolo County for a peremptory writ of mandate, and/or prohibition directing the municipal court to sustain its demurrer to a complaint for extra compensation for out-of-class work by real party in interest Loretta Shugart. The superi- or court denied the petition and the Department appeals.1

[845]The Department contends (1) that the municipal court should have sustained its demurrer because an employee compensation grievance can only be redressed in an administrative proceeding with review by way of administrative mandate (Code Civ. Proc., § 1094.5), (2) that the municipal court does not have jurisdiction to hear proceedings in administrative mandate, (3) that a public employee cannot sue in assumpsit for work out-of-class, (4) that the Department is not a public entity subject to suit, and (5) that the superior court erred in determining that it had an adequate remedy without resort to an extraordinary writ.

We find no abuse of discretion in the superior court’s determination that the Department’s legal remedy is adequate and affirm the order denying the petition for a writ of mandate and/or prohibition.

Facts

This dispute arises out of the alleged out-of-class work of departmental employee Shugart during the period August 1, 1975, through August 30, 1977. Shugart filed a grievance with the labor relations panel of Yolo County in which she alleged that, although she had been classified and paid as a “Vocational Assistant,” she had actually performed the duties of an “Eligibility Worker.” The panel heard the grievance and determined that Shugart had in fact performed the duties of an eligibility worker beginning August 1, 1975. The panel denied Shugart’s claim for extra compensation prior to August 30, 1977, however, because it concluded that prior to that date there was no basis upon which an employee could claim such compensation. August 30, 1977, was the effective date of a memorandum of understanding between Yolo County and its employees which provided, among other things, for the payment of extra compensation for out-of-class work and the creation of the labor relations panel to resolve grievances.

Shugart filed a complaint in the municipal court on a common count for labor performed. Pursuant to stipulation a first amended complaint was filed. In her first amended complaint Shugart sought the difference between her actual earnings and the earnings of an eligibility worker for the period August 1, 1975, through August 30, 1977. The Department demurred to the first amended complaint on the same grounds that it raises on this appeal. The municipal court overruled the demurrer, stating: “Plaintiff states a cause of action by a liberal construction of the pleading in Paragraph V for wages earned but never paid, if