Moore

Wanda Moore appeals the granting of summary judgment to the City of Orange and dismissal of her petition for writ of mandate. The issue presented is whether an earlier unqualified reversal allows Moore a trial de novo on a theory not presented, but essentially conceded, in the original trial.

Moore served as a deputy city clerk in the City of Orange from 1976 to 1980. She was terminated without written explanation or a hearing (Gov. Code, § 40813). Section 40813 provides: “The city clerk may appoint deputies, for whose acts he and his bondsmen are responsible. The deputies shall hold office at the pleasure of the city clerk and receive such compensation as is provided by the legislative body.”

She filed a petition for writ of mandate, alleging the city’s resolution number 5045, adopted in 1979, gave her the status of a permanent employee and thus precluded her termination without due process. Following a hearing, the court granted her petition, finding enactment of resolution number 5045 elevated Moore above the discretionary removal dictates of section 40813. On appeal, the judgment was reversed without direction. Moore then petitioned for, but was denied, a hearing in…