Elliott

McFarland Unified School District and Mitchell Gilbert, superintendent of McFarland Unified School District (jointly McFarland), appeal from a Kern County Superior Court order denying their motion to enjoin the attorneys for the board of trustees and the Kern High School District Superintendent (jointly Kern) from continuing to represent Kern in this mandamus proceeding (hereinafter motion to recuse). Dennis Michael Elliott initiated this proceeding to compel Mc Farland or Kern to pay him for 51 accumulated vacation days or to compel McFarland, his current employer, to credit him with 51 vacation days.

We must decide whether the trial court abused its discretion in denying McFarland’s motion. We conclude that it did not and affirm the order.

Factual and Procedural Background

Kern employed Elliott as a teacher for four years. Elliott claims that during this period he accumulated 71 days of unused vacation time. He was transferred on July 1, 1980, to the newly created McFarland Unified School District. About one month later, Kern paid Elliott for 20 days of unused vacation time pursuant to its administrative practice.

Sometime in 1982, Elliott demanded that either Kern…