Stanton v. Dumke

In this mandamus proceeding plaintiffs seek to compel defendants 1 to restore them to the faculty of San Jose State College as of September 1, 1962, and to recover salary from that date. The trial court sustained defendants’ demurrer without leave to amend as to both plaintiffs, and also granted defendants’ motion for summary judgment against plaintiff Hutchinson. Judgments were entered accordingly, and plaintiffs appeal. As will appear, we have concluded that the rulings of the trial court were correct, and that the judgments appealed from should be affirmed.

In ruling on the sufficiency of…