Cal. Sch. Emps. Ass'n v. Pasadena Unified Sch. Dist.

Plaintiff California School Employees Association sought a writ of mandate (Code Civ. Proc., § 1085) on behalf of its members to review action by defendant Pasadena Unified School District in (1) laying off and (2) reducing the time assignments of, certain classified employees. The trial court treated defendants’ first and second affirmative defenses (failure to state a cause of action) as a general demurrer, sustained the demurrer without leave to amend, and entered an order of dismissal, from which plaintiff appeals. (Code Civ. Proc., §§ 581, subd. 3, 581d.)

Layoffs

Plaintiff’s first cause of action alleged that in May 1975 defendant gave notice to a number of employees that they were laid off; that the reason given for said action was alleged to be a lack of funds; that the notices given and the action taken were unlawful in that there was no lack of funds sufficient to justify the layoff, for the reason that defendant had in its undistributed reserves sufficient funds to maintain all classified employees in their former positions. Plaintiff does not allege that the determination by defendant Pasadena City Board of Education as to the amount needed for reserves was…