Galligan

Joseph A. Galligan, City Attorney of the City of San Bruno, appeals from a judgment on the pleadings denying declaratory relief and a writ of mandate. Appellant sought to have the court determine the invalidity of a city ordinance purporting to remove the office of city attorney from the city’s civil service system. Appellant alleged that the ordinance was invalid in that the position of city attorney was part time and as such could not be removed from civil service by a majority vote of the city council. Respondent city answered and moved for judgment on the pleadings.

Reviewing a judgment on the pleadings dismissing a complaint, we accept as true the allegations of the complaint. (Board of Regents v. Davis (1975) 14 Cal.3d 33, 37, fn. 4 [ 120 Cal.Rptr. 407 , 533 P.2d 1047 ]; Fosgate v. Gonzales (1980) 107 Cal.App.3d 951, 957 [ 166 Cal.Rptr. 233 ]; Tiffany v. Sierra Sands Unified School Dist. (1980) 103 Cal.App.3d 218, 222-223 [ 162 Cal.Rptr. 669 ].)

Appellant alleged that in 1946 the city council established by ordinance a civil service system applicable to all city offices, positions and employees except elective offices, appointive positions and certain police…