Birdsall

Birdsall v. Carrillo

Good Law
1991 Cal. App. LEXIS 719·231 Cal. App. 3d 1426·282 Cal. Rptr. 504·91 Daily Journal DAR 7816·91 Cal. Daily Op. Serv. 5197
Court of Appeal of CaliforniaJune 10, 1991E007689California1,948 words

Opinion

Opinion

Dabney, J.

Petitioner Alendra Birdsall appeals from a judgment of dismissal following the sustaining of a demurrer without leave to amend. Birdsall filed a petition for writ of mandate against the County of Riverside, the Personnel Director of the County of Riverside, and the Coroner and Public Administrator of the County of Riverside (referred to collectively as County). In her petition, she claimed that she had acquired permanent status as a deputy coroner I when she was terminated from that position. She alleged that the County terminated her without providing due process and statutory rights consistent with her status as a permanent employee. She repeats these contentions on appeal and adds challenges to the timeliness of the demurrer and the trial court’s failure to specify the grounds for its order.

Factual and Procedural Background

On January 15, 1987, Birdsall became employed by the County as a hospital admissions and collections clerk. On January 14, 1988, she became a permanent employee of the County. On June 16, 1988, she was promoted to the position of deputy coroner I.

In September 1988, Birdsall was given a satisfactory employment evaluation by her supervisor.…

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