Enomoto
Enomoto v. Brown
Opinion
Opinion
Blease, J.
Jiro J. Enomoto appeals from an order denying a writ of mandate by which he sought to prevent Governor Edmund G. Brown, Jr., from removing him from his office as Director of Corrections pending compliance with Penal Code section 5051. We affirm the order.
I
Enomoto was appointed by Governor Brown to the office of Director of Corrections in December 1975. On April 17, 1980, Governor Brown announced the appointment of real party in interest Ruth L. Rushen to the position. Four days later, Enomoto sought the relief under review. On April 22, 1980, Rushen received her commission as Director of Corrections and on the following day she took the oath of office and commenced occupying the position. On April 24 the cause was heard and on May 28, 1980, the writ was denied.
II
Enomoto does not claim and the record is wholly devoid of any evidence or suggestion that he was replaced as Director of Corrections for any reason impugning his performance in the job. So far as this record is concerned, the Governor simply replaced one person with another in the exercise of his power to fill the position of Director of Corrections “at his pleasure.”