97 Cal. App. 2d 777 | Cal. Ct. App. | 1950
H. J. Wilson and Earl 0. Lippold together with certain individuals participated in a civil service examination for the office of county clerk. All nine candidates passed the examination. Wilson’s name was ninth on the eligible list and Lippold’s was first. Appointment to the office is limited to the first three names on the list by section 34(6) of the Los Angeles County Charter. Wilson’s appeal to the Civil Service Commission was denied. He thereupon filed the present proceedings in the superior court seeking by certiorari to annul the eligible list. Upon order of the court Lippold was brought in as an indispensable party. The voluminous return to the writ of review was not controverted by petitioner. The court concluded that the examination was violative of the county charter, and treating the petition as one in mandamus gave judgment in favor of petitioner and issued a peremptory writ of mandate requiring the commission to cancel the eligible list and to hold a complete new examination in conformity with the charter and with the principles set forth in a memorandum opinion of the court which had been previously filed. All defendants have appealed from the judgment.
The petition challenged the validity of the examination on nine separate grounds. The court made findings in respect to only one of the grounds urged, namely, that the oral phase of the examination was not competitive, was based principally upon subjective standards and that no record was made or kept showing the basis of rating of the candidates. The judgment recited that further findings and conclusions had been expressly waived by all the parties. In proceedings involving certain motions made after judgment however, it appears from a statement of the trial judge that counsel for petitioner Wilson did not waive findings, although it is not questioned that appellants did so.
Appellants contend that the recent decision of the Supreme Court in the ease of Almassy v. Los Angeles County Civil Service Com., 34 Cal.2d 387 [210 P.2d 503], which involved a substantially identical oral examination conclusively establishes that the present examination was competitive, that the record kept was sufficient to show the basis of rating, and that the standards used were adequate within the meaning of the charter requirements. Comparison of the records in the two cases compels us to conclude that appellants’ contention is correct. The only difference in the evaluation procedures and standards employed is that a confidential report of the candidates’ departmental superior officer was not
Respondent seeks to sustain the judgment on the ground that the evidence would support a finding that the examination was not impartial. The record is devoid of any evidence to
Respondent does not contend that the judgment is supportable on any other theory. A careful examination of the voluminous record discloses sound reasons for this reticence. We have found no evidence which would have supported a finding favorable to respondent upon any of the other issues raised by his petition, and we are satisfied that the memorandum of the trial court’s decision satisfactorily disposes of each of them. The absence of specific findings on these issues is therefore immaterial.
The judgment is reversed.
Wood, J., concurred.
Vallée, J., deeming himself disqualified, did not participate.