Robison
Robison v. City of Manteca
Opinion
Lead Opinion
Davis, J.
After the superior court sustained a demurrer to his initial pleading, plaintiff Thomas Robison filed an amended petition for a traditional writ of mandate directing defendant City of Manteca to reinstate him to his position as “Refuse Collector Worker II.” This time, the superior court sustained the defendant’s demurrer without leave to amend. We dismissed *455 the plaintiff’s invalid appeal from this order. (Robison v. City of Manteca (Apr. 16, 1998, C027876) [nonpub. opn.].) The plaintiff now properly appeals from the subsequently entered judgment. We shall affirm.
Background
On appeal from a demurrer, we assume the truth of all well-pled factual allegations of the amended complaint, which do not include legal conclusions. (Dills v. Redwoods Associates, Ltd. (1994) 28 Cal.App.4th 888, 890 [ 33 Cal.Rptr.2d 838 ].)
The plaintiff was a refuse collector in the defendant’s department of public works (DPW) since 1991. After conducting a random drug test in December 1995, the defendant notified the plaintiff he had tested positive for controlled stimulants. He requested a confirmation test and screening of his medications. However, in the interim his employee-organization…