Citations
- 12 Cal. App. 4th 1229
Full opinion text
Opinion
SPENCER, P. J.
Introduction
Plaintiff Stanley M. Seidler appeals from an order of dismissal entered after the trial court sustained without leave to amend a demurrer to plaintiffs first amended complaint.
Statement of Facts
The facts as alleged in plaintiff’s first amended complaint, which are deemed to be true (Thompson v. County of Alameda (1980) 27 Cal.3d 741, 746 [167 Cal.Rptr. 70, 614 P.2d 728, 12 A.L.R.4th 701]) are as follows: In 1984, the Beverly Hills Municipal Court employed plaintiff as court administrator from a civil service list. While the municipal court was plaintiff’s employer, he was paid through the County of Los Angeles. Plaintiff believed he enjoyed certain due process guarantees and protections, pursuant to statute, should he be removed from his position. In 1988, the statutes governing his employment were amended, recategorizing his employment as being at the pleasure of the judges of the municipal court. Plaintiff was not informed that any rights, guarantees or protections previously afforded him were being removed. He did not receive any comparable benefit in exchange for the relinquishment of said rights and protections.
On June 7, 1990, Judge Judith O. Stern, who was presiding over the court for that calendar year and thus acted as plaintiff’s supervisor, provided plaintiff with a letter which informed him that he had not fulfilled his duties as court administrator. Accordingly, the judges of the court were terminating his employment effective July 31,1990. At approximately 4:10 p.m. on June 19, 1990, plaintiff received a letter memorandum delivered by the Los Angeles County Marshall. This document demanded that he turn over his keys and vacate both his office and the courthouse by 5 p.m. on that date. He was escorted from the building by deputy marshals.
Before June 7, 1990, plaintiff had received no written notice he was performing his duties unsatisfactorily and could be subject to disciplinary action including dismissal. After June 7, he received no statement in writing of the reasons for his termination.
On June 8, 1990, plaintiff submitted an appeal to the Los Angeles County Civil Service Commission, protesting the denial of the due process afforded all permanent civil service employees and guaranteed by the state and federal Constitutions and the county charter. He requested a hearing prior to July 31, 1990. On June 27, 1990, the Los Angeles County Civil Service Commission determined it did not have jurisdiction over the matter and removed it from its agenda. Plaintiff’s employment was terminated on July 31, 1990.
Contentions
Plaintiff contends the trial court erred in sustaining without leave to amend the demurrer to his first amended complaint, in that it alleges facts sufficient to state a cause of action. For the reasons set forth below, we disagree.
Discussion
A demurrer tests the sufficiency of the plaintiff’s complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be granted. (Code Civ. Proc., § 430.10, subd. (e); 5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 894, p. 333.) The demurrer may be sustained only where the insufficiency of the complaint is revealed on its face. (Id., § 895, at p. 334.) A demurrer should not be sustained without leave to amend if the complaint states a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment. (Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 118 [113 Cal.Rptr. 102, 520 P.2d 726]; Kite v. Campbell (1983) 142 Cal.App.3d 793, 804 [191 Cal.Rptr. 363], overruled on other grounds in Young v. Haines (1986) 41 Cal.3d 883, 896 [226 Cal.Rptr. 547, 718 P.2d 909].) It may be sustained without leave to amend, however, where “the facts are not in dispute, and the nature of the plaintiff’s claim is clear, but, under the substantive law, no liability exists. Obviously no amendment would change the result.” (5 Witkin, op. cit. supra, § 945, p. 379.)
In sustaining the demurrer without leave to amend, the trial court concluded plaintiff was not a permanent employee entitled to be discharged only for cause and to the due process protections of notice and an opportunity to be heard. As plaintiff sees it, that he is a permanent employee is not open to question at this point: he alleges this and, for purposes of demurrer, the allegation must be accepted as true. (Thompson v. County of Alameda, supra, 27 Cal.3d at p. 746.) However, it is well established that public employment is held by statute rather than by contract, and no public employee has a right to continue that employment contrary to the terms and conditions fixed by law. (Miller v. State of California (1977) 18 Cal.3d 808, 813 [135 Cal.Rptr. 386, 557 P.2d 970].) Plaintiff alleges he was employed as the court administrator of the Beverly Hills Judicial District and, by virtue of that employment, was a permanent employee with certain fixed rights. If an examination of the pertinent statutes reveals as a matter of law that the court administrator of the Beverly Hills Judicial District is not a “permanent employee” with specific fixed rights, then plaintiffs allegation to the contrary cannot make it so. Accordingly, the sufficiency of the allegation can be ascertained only by statutory construction.
In construing statutes, the duty of the court “is simply to ascertain and declare what is in terms or in substance contained therein. . . .” (Code Civ. Proc., § 1858.) The court must interpret statutes so as to give effect to the intent of the Legislature. (Landrum v. Superior Court (1981) 30 Cal.3d 1, 12 [177 Cal.Rptr. 325, 634 P.2d 352].) Toward that end, “[w]ords must be construed in context, and statutes must be harmonized, both internally and with each other, to the extent possible. [Citations.]” (California Mfrs. Assn. v. Public Utilities Com. (1979) 24 Cal.3d 836, 844 [157 Cal.Rptr. 676, 598 P.2d 836].) Where possible, significance should be given to every word and phrase; accordingly, “constructions which render some words surplusage . . . are to be avoided.” (Ibid.)
Government Code section 72002.1 is among the statutes on which plaintiff relies as establishing that he has the status of a permanent employee entitled to be discharged only for cause and after receiving notice of the charges and an opportunity to be heard. Section 72002.1 provides in pertinent part: “In any chartered county in which a system of civil service is in effect, the civil service commission thereof shall administer any civil service provisions made applicable by this code to attachés of municipal courts. [