Scott

The present proceeding is one by which it is asked that a peremptory writ of mandate be directed to the Superior Court of Los Angeles County. The proceeding in the superior court was one of a similar character, by which it was sought to compel the board of education to reinstate the petitioner as a teacher in the public schools of the city of Long Beach.

The petition before us alleges that petitioner is a permanent teacher in the public schools of said city, as defined in section 1609 of the Political Code; that she was wrongfully dismissed from that position by the board of education of Long Beach, and that she thereafter began the proceeding in mandate above mentioned in the Superior Court of Los Angeles County; that an amended petition was filed in that proceeding, and a demurrer interposed thereto by the respondent board of education, which was on October 25, 1926, sustained, no other order being made; that there was then in effect a rule of the superior court allowing ten days within which to amend any of certain pleadings upon the sustaining of a demurrer thereto unless otherwise ordered by the court; that the petitioner, relying upon this rule, on October 28, 1926, filed a…