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Almassy V. Los Angeles County Civil Service Commission

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eBook details

  • Title: Almassy V. Los Angeles County Civil Service Commission
  • Author : Supreme Court Of California
  • Release Date : January 25, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 80 KB

Description

Petitioner appeals from a judgment denying his application for a writ of mandate to compel the Los Angeles County Civil Service Commission to annul two promotional civil service examinations and the corresponding eligible lists promulgated upon the results thereof. The problem presented is the validity of certain evaluation procedure, in addition to written tests, adopted by the commission as part of the process of rating candidates for the positions to be filled -- an allegedly common practice in the conduct of civil service examinations throughout the state. While it appears that the eligible lists here attacked have already expired by reason of the lapse of the prescribed two-year limit (charter, art. IX, § 34(4); commission rule XI, § 3), the evaluation procedure challenged in the present case is in current use. Its validity is a matter of importance to the commission and would probably be relitigated until a final decision was given by this court. The questions involved in the present case are continuing and "their consideration ought not to be . . . defeated, by short term orders, capable of repetition, yet evading review . . ." (Southern Pacific Terminal Co. v. Interstate Commerce Com., 219 U.S. 498, 515 [31 S.Ct. 279, 55 L.Ed. 310]; also, Federal Trade Com. v. Goodyear Tire & Rubber Co., 304 U.S. 257 [58 S.Ct. 863, 82 L.Ed. 1326]; Ford Motor Co. v. United States, 335 U.S. 313 [69 S.Ct. 93, 93 L.Ed.   ].) A decision on the merits is therefore proper.


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