Berry

Appellant Berry petitioned the superior court for a writ of mandate ordering respondent Coronado Board of Education to pay appellant $2,560 as compensation claimed by appellant under a sabbatical leave agreement. The court found that appellant was not entitled to the compensation because he had “not performed all the terms and conditions of his sabbatical leave agreement.”

Appellant was a teacher in the Coronado Unified School District. Being a candidate for the degree of Doctor of Philosophy he requested and was granted a sabbatical leave during the school year starting July 1, 1960, and ending June 30, 1961, under the provisions of Education Code, sections 13457 et seq. A contract was made by appellant and respondent consisting of a letter by appellant to respondent explaining his reasons for requesting the sabbatical leave and an “Approval of Request for Sabbatical Leave” signed by both parties and approved by the superintendent of schools. Under the contract appellant agreed to the following: “This request was made under the provisions of Education Code § 13457 for the purpose of study and research. Since I [appellant] have already satisfied the full requirements of the…