De Cordoba v. Governing Bd. of Whittier Union High Sch. Dist.

Petitioner Lolita De Cordoba appeals from an order sustaining a demurrer to her amended petition for a writ of mandamus whereby she sought to have a decision of the governing board of the Whittier Union High School District and the district not to reemploy her for the school year of 1975-1976 vacated and set aside and ordering that she be reemployed for that year. The appeal lies. (Code Civ. Proc., §§ 581d, 904.1, subd. (a).)

The decision not to reemploy petitioner was adopted by the board and, by its terms, made effective May 16, 1975. On June 19, 1975, petitioner requested a record of proceedings and on July 10, 1975, filed, pursuant to Code of Civil Procedure section 1094.5, her petition for writ of mandamus. There is no allegation as to date of delivery or service of the decision or delivery of the record of proceedings.

Relying upon respondent’s points and authorities. Government Code sections 11523, 11521 and the cases of Eichman v. Escondido etc. Sch. Dist., 61 Cal.2d 100 [ 37 Cal.Rptr. 199 , 389 P.2d 727 ] and Burgess v. Board of Education, 41 Cal.App.3d 571 [ 116 Cal.Rptr. 183 ], the trial court ruled that the petition for the writ was not filed within the time…