Rutherford

This is an appeal by certified school nurses, Dorothy Rutherford and Clarice Tremaine, from a superior court judgment denying their petition for a writ of mandate to reverse their dismissals as employees of the Bellflower Unified School District. The case now before us concerns appellants’ employment for the school year 1973-1974. The same parties had been involved in previous litigation concerning their employment for the year 1972-1973. (Rutherford v. Board of Trustees (1974).)

In the trial below on the petition for writ of mandate there was no new evidentiary matter and the parties relied on the record, including the transcript of the proceedings before the administrative hearing officer. That transcript is before this court.

Dorothy Rutherford worked as a certified credentialed school nurse for respondents for about 12 years and Clarice Tremaine was also so employed for about 14 years. The school board had attempted to terminate appellants in 1972-1973, but appellants obtained a writ of mandate, and the board was required to set aside its order terminating employment. The board’s appeal in the 1972-1973 case failed.

While this first case was still being litigated,…