In Sojka v. City of Pasadena (1971) 15 Cal.App.3d 965, the court affirmed the city's appointment of the fifth place applicant in violation of a rule requiring that the position was to be filled by the persons who were first, second or third on the list. However, the court carefully restricted its holding and the ensuing "harsh result" to the particular facts, i.e., a finding that the position was an assignment or transfer and not a promotion and the failure of the plaintiffs to prove that the rule of three applied to the particular position.