Yolo County Department of Social Services v. Municipal Court

The Yolo County Department of Social Services (Department) petitioned the Superior Court of Yolo County for a peremptory writ of mandate, and/or prohibition directing the municipal court to sustain its demurrer to a complaint for extra compensation for out-of-class work by real party in interest Loretta Shugart. The superi- or court denied the petition and the Department appeals.

*845 The Department contends (1) that the municipal court should have sustained its demurrer because an employee compensation grievance can only be redressed in an administrative proceeding with review by way of administrative mandate (Code Civ. Proc., § 1094.5), (2) that the municipal court does not have jurisdiction to hear proceedings in administrative mandate, (3) that a public employee cannot sue in assumpsit for work out-of-class, (4) that the Department is not a public entity subject to suit, and (5) that the superior court erred in determining that it had an adequate remedy without resort to an extraordinary writ.

We find no abuse of discretion in the superior court’s determination that the Department’s legal remedy is adequate and affirm the order denying the petition for a writ of…