Rutley

Plaintiff Helen Rutley appeals from the trial court’s judgment dissolving the alternative writ of mandate previously issued and denying the peremptory writ requested.

The pertinent facts reveal that effective February 10, 1971, appellant, a certificated elementary school teacher, was employed by respondent as a substitute to teach classes in the elementary schools of the district. The following day, February 11, 1971, one Monica Marvin (“Monica”), a classroom teacher, resigned from her certificated position. Appellant was assigned to teach classes formerly taught by Monica. The record is undisputed that from the date of her employment appellant was classified by respondent as a substitute teacher and was paid $30 per day according to the substitute salary rate. It is also uncontradicted that appellant served without objection as a substitute until the end of the 1970-1971 school year when her employment was terminated without notice and hearing.

Appellant contends that under Education Code, sections 13336 and 13334, she was entitled to the classification of a probationary, employee as a matter of law. Based upon that hypothesis, she argues that she (1) should have been…