Jenkins

We hold that a contract termination notice from a school superintendent to a school assistant superintendent is invalid under Education Code section 35031 if, prior to the notice, the governing board of the school district has not determined to terminate the assistant superintendent’s contract and has not authorized the termination notice. Accordingly, we reverse the judgment for respondents, remand the matter to the superior court, and direct the superior court to enter an order overruling respondents’ demurrer to plaintiff-appellant’s breach of contract cause of action, but sustaining without leave to amend the demurrer to the other causes of action.

Factual and Procedural Background

Although appellant filed a complaint, which with exhibits and attachments, runs 188 pages, the essential “facts,” admitted by respondents’ demurrer (Perdue v. Crocker National Bank (1985) 38 Cal.3d 913, 922 [ 216 Cal.Rptr. 345 , 702 P.2d 503 ]), may be stated simply.

In July 1989, appellant and the Inglewood Unified School District Board of Education (Board) signed an employment contract. By its terms, appellant was hired for two years, July 6, 1989, to June 30, 1991, as assistant…