Bell v. City of Torrance

Plaintiff and appellant Alberta L. Bell (Bell) appeals a judgment denying her petition for writ of mandate (Code Civ. Proc., § 1085) wherein she sought reinstatement as a permanent employee of defendant and respondent City of Torrance (the City).

The essential issue presented is whether Bell was a probationary employee at the time the City terminated her employment, so as to entitle the City to terminate her without according her any administrative review.

Because we conclude Bell was terminated within the probationary period as extended by her extensive absence, and received proper notice of the rejection of her probation, the judgment is affirmed.

Factual and Procedural Background

On August 11, 1986, Bell commenced her employment as a clerk typist with the City and was assigned to the police department’s records division. *192 Pursuant to section 8.2 of the memorandum of understanding (MOU) 1 between the City and the Torrance City Employees Association (TCEA), the appointment was subject to a probationary period of one year’s duration.

In April 1987, Bell requested and received authorization for an extensive, unpaid leave of absence for medical reasons. The leave…