Chilton

Chilton v. Contra Costa Community College District

Good Law
127 Cal. Rptr. 659·1976 Cal. App. LEXIS 1264·55 Cal. App. 3d 544
Court of Appeal of CaliforniaFebruary 23, 1976Civ. No. 34959California2,842 words

Opinion

Lead Opinion

Weinberger, J.

This is an appeal from a judgment denying a writ of mandate sought to compel respondents to employ appellant without requiring her to take and subscribe to the following oath: “I,_, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”

In the petition for the writ, appellant sought an order from the Superior Court in Contra Costa County for the issuance of a peremptory writ of mandate “commanding respondents to offer petitioner the job she applied for or a reasonable alternative position” and for damages. The petition discloses that on or about September 24, 1973, appellant, a student at Diablo Valley College, sought employment with respondents. Appellant spoke to the cafeteria manager, who was an employee of respondents,…

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