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LERNER v. LOS ANGELES CITY BOARD OF EDUCATION

Docket No. L.A. 26280.

59 Cal.2d 382 (1963)

380 P.2d 97

29 Cal. Rptr. 657

HERBERT LERNER, Plaintiff and Appellant, v. LOS ANGELES CITY BOARD OF EDUCATION et al., Defendants and Respondents.

Supreme Court of California. In Bank.

April 4, 1963.

Attorney(s) appearing for the Case

Hugh R. Manes for Plaintiff and Appellant.

Harold W. Kennedy, County Counsel, Clarence H. Langstaff, Assistant County Counsel, John K. Carmack and Jerry F. Halverson, Deputy County Counsel, for Defendants and Respondents.

TOBRINER, J.

We hold here that neither the statute of limitations nor laches bars plaintiff Lerner's right to reinstatement as a permanent teacher in the Los Angeles City High School District. That board's automatic termination of his certificate rested exclusively on the state board's revocation under Education Code section 12756. Ultimately the state board reversed its action as illegal under court decision. The interval of time so involved covered a period, commencing...

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