Decker

This is an appeal from a judgment of the superior court in an action for a writ of review of proceedings of the Board of Health Commissioners of the City of Los Angeles (respondent) as the result of which the respondent removed the petitioner from his office as city health officer. Petitioner contends the removal was without due notice and hearing. A general demurrer to the petition was presented by the respondent. The demurrer was sustained without leave to amend and judgment was thereafter entered denying the petitioner relief.

Petitioner contends it is settled law in this country that an officer can be removed only upon notice and after a hearing where the tenure of his office is during good behavior, citing Bannerman v. Boyle, 160 Cal. 197 [ 116 Pac. 732 ], and petitioner further contends that “The tenure of health officer under the foregoing charter provisions [Freeholders’ Charter of City of Los Angeles] is without definite term and, hence, may be deemed to be comparable with an appointment ‘during good behavior’.” The respondent contends, on the contrary, that the tenure of office of petitioner was at the pleasure of the appointing power. This difference between the…