In Midway School District of Kern County v. Griffeath (1946) 29 Cal.2d 13, the California Supreme Court upheld the decision to reinstate a teacher who called in sick but in actuality went deer hunting. In doing so, the Court of Appeal noted that the trial court "determined that the one instance of violation under the circumstances, together with the frank answers indicating the defendant's state of mind, did not constitute unprofessional conduct or dishonesty such as would unfit him for the performance of his duties as a teacher." (Id. at p. 18.) The high court also concluded the trial court was reasonable in finding "one instance of disobedience of the school regulations did not necessarily show persistence. Persistence, in the sense intended, is referable to past conduct. The Legislature undoubtedly intended that opportunity for correction be available and refrained from providing for dismissal for a single violation of regulations, or until repeated violations could be considered persistent. . . . The emphasis is on 'persistent' and 'continually.' The trial court expressly found that the defendant was not motivated by an attitude of insubordination." (Ibid.)