Hill

*20 Opinion

Opinion After Rehearing

This is an appeal by defendant, City of Los Angeles, from an adverse judgment rendered in an action for declaratory relief.

The facts are that on July 10, 1941, plaintiff, Edward J. Hill, was appointed to the position of police officer for defendant city. On April 27, 1942, plaintiff Hill signed and executed a “Request for Leave of Absence,” wherein he stated and represented as the reason therefor that he had been or was being “[cjalled into U.S. Naval Reserve by enrollment in the U.S. Maritime Service under the direction of the U.S. Coast Guard (in accordance with section 17, City Charter).” On that same date, plaintiff was enrolled in the United States Maritime Service. On May 12, 1942, defendant city (board of civil service commissioners) approved Hill’s request for'leave of absence as filed. On or prior to September 25, 1945, the city concluded that Hill had never become a member of the United States Naval Reserve or of any other branch of the armed forces of the United States and, therefore, that he had not been and was not on a valid military leave of absence pursuant to any provision of law. On September 25, 1945, the record of Hill…