Compton

On August 2, 1973, petitioners Compton, Kuhn and Lucas petitioned the superior court for a writ of mandate under section 1094.5 of the Code of Civil Procedure, praying that the respondent board and its members (“respondent”) be ordered to set aside and vacate a decision, dated June 1, 1973, ordering that the services of petitioners would not be required for the 1973-1974 school year. As mandated by section 13443, subdivision (c), of the Education Code, the administrative proceeding was conducted in accordance with the Administrative Procedure Act. (Gov. Code, §§ 11500-11528.)

Judgment denying the petition was entered on October 25, 1973. This appeal followed.

Since we hold that respondent correctly asserts that the petition was barred by the statute of limitations contained in section 11523 of the Government Code, we will not address ourselves to the several substantive issues discussed in the parties’ briefs.

The following procedural.timetable will serve as a background:

August 2, 1973 The superior court petition was filed.

Discussion

Petitioners’ entire argument on the limitations issue hinges on respondent’s failure to include a copy of the proposed decision in…