California School Employees Ass'n v. Oroville Union High School District

California School Employees Association, Feather River Chapter No. 342 and Scott Atkinson (petitioners) appeal from a judgment of dismissal entered after the court sustained a demurrer to their petition for a writ of mandate (Code Civ. Proc., § 1085) without leave to amend. Below, petitioners claimed that Atkinson, a groundskeeper with the Oroville Union High School District (District), had been improperly terminated without notice and a hearing and sought to compel the District, its governing board and Superintendent William Gibson (respondents) to reinstate him. Respondents successfully demurred on the ground the petition failed to state a cause of action as the facts alleged therein demonstrated that Atkinson was not a permanent employee and therefore not entitled to notice and a hearing prior to being terminated. We shall affirm the judgment.

Factual and Procedural Background

According to the petition and the exhibits incorporated therein, Atkinson was hired by the District as a substitute groundsman on March 31, 1986, temporarily replacing Francisco Bermudez, who was on worker’s compensation leave. On October 2, 1986, Atkinson became a limited-term employee, began…