Binyon

Hugh Binyon (appellant) appeals the judgment of dismissal of his petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) for lack of prosecution. Respondents are the State of California, the California State Personnel Board and Charles W. Walter (collectively, the State).

Appellant was employed as a senior special investigator with the California Department of Consumer Affairs. In October 1985, after a hearing before the State Personnel Board, he was terminated from his position. Thereafter, on May 19,1986, appellant filed a petition for writ of mandate under section 1094.5 alleging that insufficient evidence supported his termination.

Appellant failed to serve the petition on the personnel board. The superior court file was consigned to the archives of that court. On May 28, 1991, appellant noticed the matter for a hearing on the petition on July 18, 1991, by sending a notice to “Deputy Attorney General” in Los Angeles and lodging the administrative record. Notice of hearing was not served on the State Personnel Board.

On July 18, 1991, the case was dismissed on the court’s own motion for failure to bring it to trial within five years of filing.…