Fair

Plaintiff appeals from a judgment denying his petition for a writ of mandate to compel defendant school district to appoint him as a probationary teacher. Upon the filing of the petition, an alternative writ and order to show cause were issued. A hearing was held, after which the trial court entered a minute order indicating that plaintiff had no clear right to the requested relief. The court made findings of fact and conclusions of law and entered judgment denying the petition for a peremptory writ.

The facts as stipulated to by parties at the hearing can be summarized as follows: Plaintiff has a valid elementary school teaching credential issued by the State of California. Initially, he was hired by defendant school district as a “day-to-day substitute” in September 1974. In October 1974, defendant hired plaintiff as a “long-term substitute.” Later in the same school year in January of 1975, defendant again changed plaintiff’s employment status, hiring him as a “temporary employee.” As a result of these employment actions, plaintiff served more than 75 percent of the number of days school was maintained by the district for the 1974-1975 school year. Thus, he became…