What is the test for a claim that section 112 1/2 of the Charter is not applicable to police officers?
California, United States of America
The following excerpt is from McLeod v. City of Los Angeles, 256 Cal.App.2d 693, 64 Cal.Rptr. 394 (Cal. App. 1967):
'* * * (T)he rule is that where an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act.' Compliance with this rule is a 'jurisdictional prerequisite to resort to the courts.' (Abelleira v. District Court of Appeal, 17 Cal.2d 280, 292, 293, 109 P.2d 942, 949, 132 A.L.R. 715.)
This court in City of Los Angeles v. Superior Court, 246 Cal.App.2d 73, 54 Cal.Rptr. 442, in answering a contention that section 112 1/2 of the charter was inapplicable to police officers, stated as follows at page 78, 54 Cal.Rptr. at page 445:
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