Doan

The appellant, a deputy assessor in and for the City of Long Beach, was summarily dismissed from employment by notice in writing signed by the city manager. She thereafter petitioned the superior court for a writ of mandamus to review the proceedings effecting her dismissal and to require her reinstatement and the payment of salary to the date of said petition. A demurrer interposed by the defendants was sustained without leave to amend, and judgment was entered accordingly, from which she appealed.

By the allegations of the petition it appeared that the appellant here was employed by the city assessor of said municipality under “Class A” of the city civil service rating; that upon recommendation of the assessor the city manager issued and caused to be served a notice in writing that she was “summarily dismissed as Class A deputy assessor and from the service of the city . . . for the good of the service ...” Upon the same day the city council in regular session and by unanimous vote approved such action. More than eighteen monthe thereafter the petitioner sought said relief from the superior court upon the ground that she “at all times herein mentioned has been and now is the…

I concur in the judgment and in both of the above opinions.

I concur:

I concur in the judgment and in the opinion written by Mr. Justice Craig, but I am of the opinion that the demurrer to the complaint was properly sustained without leave to amend, upon the ground that plaintiff and appellant was effectively and legally discharged from her position and that the so-called rescission of such discharge was of no legal effect.