Noguera

Individually, and as a class, a group of certificated secondary level school teachers (Teachers) appeals from a judgment of dismissal after the court sustained without leave to amend the general demurrer of the North Monterey County Unified School District (Unified District) to the Teachers’ petition for a writ of mandate (Code Civ. Proc., § 1085) which alleged that their services were improperly terminated in conjunction with the formation of the Unified District. We agree with the Teachers’ contention that Education Code section 44902 compels a reversal of the judgment.

On appeal from a judgment sustaining a demurrer to a complaint, we are confronted with questions of law only and must regard the allegations of the complaint as true (King v. Central Bank (1977) 18 Cal.3d 840, 843 [ 135 Cal.Rptr. 771 , 558 P.2d 857 ]; Hendrickson v. California Newspapers, Inc. (1975) 48 Cal.App.3d 59 [ 121 Cal.Rptr. 429 ]; Terry v. Bender (1956) 143 Cal.App.2d 198 [ 300 P.2d 119 ]). We must also assume that the plaintiff can prove all of the facts as alleged (Glaire v. LaLanne-Paris Health Spa, Inc. (1974) 12 Cal.3d 915, 918 [ 117 Cal.Rptr. 541 , 528 P.2d 357 ]; Dale v. City of Mountain…