Middaugh

This is an appeal from a judgment on the pleadings entered on the motion of respondent school district (District) in appellant’s action for writ of mandate to establish her status as a permanent teacher and for an injunction to restrain proceedings to .terminate her employment as a probationary employee. Concluding that appellant’s petition states a cause of action in mandamus, we reverse the judgment.

On April 23, 1971, appellant filed her two-count petition which began the case at bench. The first cause of action seeks a writ of mandate compelling District to recognize appellant’s status as a permanently employed primary school teacher. The petition alleges: (1) District has an average daily attendance of 250 or more; (2) at all relevant times appellant was a “duly certificated public school teacher, holding a standard teaching credential authorizing her to teach all subjects in grades one through nine of the schools of the State of California”; (3) she was employed by District as a probationary elementary school teacher, in a position requiring certification qualification for the school years 1967-1968, 1968-1969, and 1969-1970; (4) appellant was reelected by the…