Jean

Curtis Jean appeals from a judgment denying his petition for a writ of mandate. The respondent, San Francisco Civil Service Commission, contends that the petition was denied because Code of Civil Procedure section 1094.5 does not apply unless a hearing is required by law at which evidence must be taken. The respondent maintains that the relevant provision of the Charter of the City and County of San Francisco, section 8.340, does not provide for such a hearing.

On February 18, 1975, petitioner Jean was certified to the Municipal Railway of San Francisco. Prior to that date, he had been on the eligibility list for the position of S104 Motorman, 339/E-l 11. On that date, he requested a deferment, which was granted until April 16, 1975. At the time he requested the deferment, he informed the municipal railway that he had been hospitalized in February 1975 for chest pains. The railway arranged to have Jean examined by one of their physicians in order to determine whether he was medically fit to assume the duties of motorman. The examining physician expressed uncertainty as to the exact cause of Jean’s hospitalization and recommended that he return to employment. Jean…