Mierke v. Department of Water Resources

Opinion

PARAS, J.

Appellant (hereinafter plaintiff), a civil service employee of the State Department of Water Resources (hereinafter Department), appeals from a judgment of dismissal entered after the trial court sustained without leave to amend respondents’ (hereinafter defendants) demurrer to his petition for writ of mandate.

Plaintiff was an associate engineer in the Department prior to May 1978 when he was formally promoted to senior engineer. But before his promotion and between December 11, 1972, and May 3, 1978, he performed the duties of senior engineer without being assigned to that…