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 Appellant former school superintendent challenged the judgment of the Superior Court of Imperial County (California), which dismissed the superintendent's breach of contract action after sustaining appellee new unified school district's demurrer to the complaint, without leave to amend.

Pursuant to a resolution of the Department of Education, approving the formation of a new unified school district composed of the superintendent's school district and another district, the superintendent's district ceased to exist. The new district refused the superintendent employment in any capacity, prompting the action for breach of contract. The defendant through their business attorney in San Diego filed a motion to dismiss the action. The trial court dismissed the action. The court affirmed the judgment and held that the superintendent's contract did not survive the old school district's dissolution and was not by its own terms enforceable against the new district. Indication of the legislature's intent not to impose the obligation of employment of a superintendent on the new school district after a mandatory unification was evidenced by the legislature's acquiescence in the attorney general's opinion that after a mandatory unification a district superintendent could not enforce his unexpired contract with the old against the new school district. The court also noted that no provision was found for continuance of employees with the superintendent's status under mandatory unification, although such provision was made for voluntary unification. The court affirmed the trial court's judgment.