Sharpe

The defendants have appealed from an order for an injunction pendente lite which was made in a suit in equity restraining the City of Los Angeles from discharging the plaintiff as an employee in the bureau of engineering in the department of public works of that city. It is claimed he had attained permanent tenure under civil service. The issue on appeal is whether a court of equity has jurisdiction to determine by injunction the tenure of an employee of a city as distinguished from an officer.

In the complaint for injunction it is alleged that the plaintiff was employed in the bureau of engineering of the department of public works in the City of Los Angeles, pursuant to an ordinance designating the number of persons to be employed in that department, and that he had secured permanent tenure therein under civil service and was entitled to retain his position by virtue of seniority; that the City of Los Angeles subsequently passed an ordinance dispensing with the services of several employees in that department, including petitioner, and had reclassified those who remained; that this last-mentioned ordinance is in conflict with the rules of civil service which are in force in…