Merman

Plaintiff sued to restrain defendants from discharging her from a position as teacher in the Calistoga High School, her claim being that she was a permanent teacher with tenure. The lower court gave judgment for defendants and plaintiff appeals.

*439 Plaintiff was first employed by defendant district as a substitute teacher in 1928, and then as a probationary teacher from November 5, 1928, to June 30, 1931. Thereafter the resignations of plaintiff and several other teachers were requested by the board, and plaintiff presented her resignation, which was accepted. Thereafter she reapplied for a position and was elected for the school year 1931-32, and subsequently for the years 1932-33 and 1933-34. On May 4, 1934, she was discharged.

Plaintiff claims that she became a permanent teacher with tenure, and was subject to dismissal only for misconduct, as a result of her continuous teaching from 1928 to 1934. Normally such tenure would be acquired by three years of successive employment. (School Code, secs. 5.500, 5.502.) Plaintiff, however, resigned her position before the requisite period was served. She charges that her resignation was demanded as a condition of reemployment, in…