Dilts

Dilts v. Cantua Elementary School District

Good Law
189 Cal. App. 3d 27·1987 Cal. App. LEXIS 1352·234 Cal. Rptr. 612
Court of Appeal of CaliforniaFebruary 4, 1987F005582California3,745 words

Opinion

Opinion

Ballantyne, J.

Introduction

This is an appeal from an order sustaining respondent’s demurrer without leave to amend and a judgment of dismissal of appellant’s second amended complaint for breach of a written employment contract.

The allegations of the complaint and attached exhibits must be accepted as true for purposes of determining whether the trial court properly sustained the demurrer without leave to amend and dismissed appellant’s complaint. (Loehr v. Ventura County Community College Dist. (1983) 147 Cal.App.3d 1071, 1077 [195 CaLRptr. 576].)

The allegations of the second amended complaint may be summarized as follows: Appellant, Clarence Dilts, was first employed by respondent, Cantua Elementary School District, on or about December 20, 1979, as district superintendent. The terms and conditions of Dilts’s employment were contained in a written contract which was to expire on June 30, 1980. On or about July 15, 1980, the parties entered into a new employment contract which extended Dilts’s employment to June 30, 1982. On December 15, 1980, Dilts’s performance was evaluated by the district and the contract was extended to July 1, 1983. On December 3, 1981, his performance was…

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