Adelt v. Richmond Sch. Dist

In Adelt v. Richmond Sch. Dist. (1967) 250 Cal.App.2d 149, the plaintiff appealed from the denial of her petition for writ of mandate, seeking to compel the Richmond School District to reinstate her as a tenured teacher. In opposition to the petition, the school district ". . . filed the affidavit of James Merrihew, its district superintendent. Said affidavit (to which were attached several relevant exhibits) expanded upon appellant's statement of the facts and denied the wrongdoing alleged in the petition." ( Adelt v. Richmond Sch. Dist., supra, 250 Cal.App.2d at p. 151.) The Adelt court noted (at p. 151) that: "At the time of the hearing on the petition, neither party offered any evidence. The trial court based its determination on 'the petition of Eloise Adelt, . . . and the return thereto of the respondent Richmond School District, et al.' para. Appellant did not object to treating the affidavit as a 'return' to her petition or to submitting the case on the documents alone." The Adelt court (at p. 151) concluded: "Under these circumstances, the affidavit of James Merrihew, together with attached exhibits, 'although not conforming to standard practice, must, in the absence of objection made by appellant at the time of the hearing, be construed both as an answer to the petition for a writ of mandate and as evidentiary matter relating to the issues raised by the petition.'"