I agree with the majority that this case is governed by the principles announced in Hough v. McCarthy, ante, p. 273 [5 Cal.Rptr. 668, 353 P.2d 276], this day decided. While I agree that in the present case the portion of the judgment denying damages should be affirmed, for the reasons set forth in the dissent to the Hough case, ante, p. 287, I believe the judgment of the trial court granting the peremptory writ of mandate should be affirmed, and petitioner granted the hearing provided by law.