Lerner

We hold here that neither the statute of limitations nor laches bars plaintiff Lerner’s right to reinstatement as a permanent teacher in the Los Angeles City High School District. That board’s automatic termination of his certificate rested exclusively on the state board’s revocation under Education Code section 12756. Ultimately the state board reversed its action as illegal under court decision. The interval of time so involved covered a period, commencing with the original termination by the city board, greater than *386 that of the applicable statute of limitations. Since Lerner, however, could not bring a successful action against the city board until the state board restored his certificate, the statute should not begin to run until such restoration removed the original basis for Lerner’s dismissal and compelled the city board either to reinstate Lerner or to take an independent adverse position. Although, as the city board contends, Lerner could have sued both boards at the time of the original termination, any holding that the statute commences to run from that date would engender harsh and anomalous results in this and other analogous cases. Indeed, in urging that…

I dissent. I would affirm the judgment of the Superior Court of Los Angeles County, rendered by Judge Wheatcroft, in favor of defendants in this action brought by plaintiff to be reinstated in his position as a school teacher in the Los Angeles School District.

Plaintiff pleaded guilty in the Municipal Court of the Los Angeles Judicial District (People v. Lerner, No. 67703) to a charge of being a lewd vagrant, in violation of section 647, subdivision 5, of the Penal Code.

It was stipulated in the present case that paragraph IV of the state board’s accusation against plaintiff read: “. . . That on or about July 10, 1948, in the City and County of Los Angeles, State of California, the respondent committed one or more base, vile, lewd and lascivious acts in that he did then and there rub, touch and fondle the private parts of R. A. Cook, a person of the masculine sex, in a manner designed to arouse, excite and gratify unnatural sexual desires in R. A. Cook and the respondent; and, that the respondent did then and there further offer and attempt to then and there orally copulate the penis of R. A. Cook.”

*401 It was further stipulated that the proposed decision of the hearing…