Struthers

Plaintiffs in the two above-numbered cases which were consolidated for hearing have each appealed from an order denying a peremptory writ of mandamus. Except for the difference in the names of the plaintiffs, both eases involve identical facts and upon stipulation have been consolidated for the purpose of this appeal. The order denying a peremptory writ in each case followed orders sustaining demurrers to each petition without leave to amend.

The facts as alleged in each petition show that the petitioners, Olive Struthers and Agnes Shinn, were probationary teachers employed by the Pleasant Valley School District for the school year 1957-1958. On April 8, 1958, the electorate of the district approved the annexation of the Pleasant Valley School District to the Gold Oak Union School District. By virtue of section 1591 of the Education Code the annexation was effective on July 1, 1959, and on that date the Pleasant Valley School District ceased to exist. For the school year 1958-1959 Pleasant Valley School District entered into an agreement with the Gold Oak Union School District to educate the pupils residing within the district and closed the school it formerly operated.…