Buckman

This is a proceeding in mandamus to compel

the respondents to reinstate the petitioner to her position as a registered nurse at the Atascadero General Hospital in San Luis Obispo County; and to- approve back pay from the time she was discharged until she is restored to her position. A general demurrer to the petition was sustained without leave to amend. The appeal is from a judgment denying the relief sought. The record on appeal is incorporated in a settled statement which includes a copy of the petition for the writ. On this record the District Court of Appeal reversed the judgment and in the course of the opinion stated that the petitioner, in addition to her prayer for reinstatement, sought “back pay from the time she was discharged until the Civil Service Commission ordered her restored to duty.” The respondents did not petition for hearing. A petition for hearing on behalf of the appellant was granted mainly to correct the inadvertent statement above quoted lest it become the law of the case.

The question is whether the petition sufficiently states a cause for the relief sought. It alleges, in material respects, that the petitioner was employed as a registered nurse with…