HOFFMAN v. PEDLEY SCHOOL DISTRICT (1962)

District Court of Appeal, Fourth District, California.

Carl L. HOFFMAN, Plaintiff and Appellant, v. PEDLEY SCHOOL DISTRICT, a body politic, Defendant and Respondent.

Civ. 6893.

Decided: November 21, 1962

Lewis Garrett and Lionel Richman, Los Angeles, for appellant. Ray T. Sullivan, Jr., County Counsel, James H. Angell, Asst. County Counsel, John Woodhead, Deputy County Counsel, for respondent.

This is an appeal from a judgment of dismissal after demurrer sustained.

FACTS

This cause comes to us as one of four appeals respecting which the parties have stated by stipulation in writing filed with this court that ‘the matters of law and fact are similar in all four cases' and that therefore the four cases may be consolidated for purposes of appeal and for briefs.

In this case a demurrer was sustained to plaintiff's first amended complaint and upon plaintiff's statement that he did not desire to amend, judgment of dismissal was entered. This is the same case as that spoken of in Hoffman v. Pedley School District, Cal.App., 26 Cal.Rptr. 109. The facts are the same except that the amended complaint, herein considered, added in its first paragraph a full description of plaintiff's representative capacity on behalf of the Building Construction Trades Council and various affiliate and member unions and dropped the defendant trustees as parties defendant.

No effort was made to allege that the administrative processes provided by Labor Code, Section 1773.4 had been complied with and plaintiff concedes that no effort was, in fact, made to take that procedure.

For the reasons set forth in Hoffman v. Pedley School District, Cal.App., 26 Cal.Rptr. 109 the judgment is affirmed.

SHEPARD, Justice.

GRIFFIN, P. J., and COUGHLIN, J., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network