CULLINAN v. SUPERIOR COURT IN AND FOR SACRAMENTO COUNTY (1938)

The petition for a hearing herein is denied.

The District Court of Appeal properly denied the petition for the writ of prohibition. But the declaration in its opinion that the state personnel board acts in a quasi-judicial capacity in passing upon an application for reinstatement should be expressly disapproved. Whitten v. California State Board of Optometer, 8 Cal.2d 444, 65 P.2d 1296. Also it seems necessary to state that since the superior court has jurisdiction to entertain the proceeding in mandamus pending before it, that court has the power to decide all questions properly presented to it in such a proceeding, and any limitation placed on that power in the opinion and order denying the writ of prohibition was inappropriate.

PER CURIAM.