Published Decisions

Deputy Sheriff had to be Reinstated to Paid Status Once Disability Retirement Denied

Court of Appeal, Second District, Division 7, California.
Robin L. HANNA, Plaintiff and Respondent,
v.
LOS ANGELES COUNTY SHERIFF’S
DEPARTMENT et al., Defendants and Appellants.
No. B150425 | Sept. 17, 2002

102 Cal.App.4th 887

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Civil Service Commission does Not Have Jurisdiction Over FFDE

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC SOCIAL SERVICES et al., Plaintiffs and Respondents,
v.
CIVIL SERVICE COMMISSION OF LOS ANGELES COUNTY,
Defendant; Linda Hoa,
Real Party in Interest and Appellant.

B282614 | Filed 5/15/2019

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Anomalous Decision Unique to its Own Peculiar Facts re Commission Jurisdiction

Court of Appeal, Second District, Division 1, California.
Monique HUDSON, Plaintiff and Appellant,
v.
COUNTY OF LOS ANGELES, Los Angeles
County Sheriff’s Department, Leroy Baca, and
Los Angeles County Employees Retirement
Association, Defendants and Respondents.
B247593, B248983
Filed 11/14/2014

232 Cal.App.4th 392

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Sheriff’s Department Could Discharge Deputy for Misconduct Committed While He was on Unpaid Medical Leave

Court of Appeal, Second District, Division 2, California.
Thomas NEGRON, Plaintiff and Respondent,
v.
LOS ANGELES COUNTY CIVIL
SERVICE COMMISSION, Defendant;
County of Los Angeles et al., Real
Parties in Interest and Appellants.
No. B258031 | Filed September 2, 2015

240 Cal.App.4th 874

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Discrimination: District Attorney’s Office did not Racially Discriminate Against African American Deputy District Attorney by Transferring Him Since there was No Nexus Between Claimed Discriminatory Remarks and the Decision to Transfer Him

LOS ANGELES COUNTY OFFICE OF THE
DISTRICT ATTORNEY, Plaintiff and Appellant,
v.
CIVIL SERVICE COMMISSION OF THE COUNTY
OF LOS ANGELES, Defendant and Respondent;
LARRY D. WALLS, Real Party in Interest.
LOS ANGELES COUNTY OFFICE OF THE
DISTRICT ATTORNEY, Plaintiff and Respondent,
v.
CIVIL SERVICE COMMISSION OF THE COUNTY
OF LOS ANGELES, Defendant; LARRY D.
WALLS, Real Party in Interest and Appellant.
No. B083586., No. B086243.
Court of Appeal, Second District, California.
May 7, 1997

55 Cal.App.4th 187, 63 Cal.Rptr.2d 661, 97 Cal.
Daily Op. Serv. 3943, 97 Daily Journal D.A.R. 6541

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County Civil Service Commission had No Jurisdiction to Order Reinstatement, or any Form of Wage Relief, to Retired Former Deputy Sheriff.

Court of Appeal, Second District, Division 8, California.
Martin DEIRO, Plaintiff and Appellant,
v.
LOS ANGELES COUNTY CIVIL SERVICE
COMMISSION et al., Defendants and Respondents.
B296926 | Filed 10/29/2020

56 Cal.App.5th 925

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Sheriff’s Department did not Abuse its Discretion in Terminating Deputy Who Chose Not to Report Fellow Officer’s Use of Force Against Inmate

Court of Appeal, Second District, Division 7, California.
Meghan PASOS, Plaintiff and Respondent,
v.
LOS ANGELES COUNTY CIVIL
SERVICE COMMISSION, Defendant;
Los Angeles County Sheriff’s Department,
Real Party in Interest and Appellant.
B291952 | Filed 7/27/2020

52 Cal.App.5th 690

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Employee’s Retirement During Pendency of Civil Service Proceedings Divested Commission of Jurisdiction Over Appeal


COUNTY OF LOS ANGELES DEPARTMENT OF
HEALTH SERVICES, Plaintiff and Respondent,
v.
CIVIL SERVICE COMMISSION OF the
COUNTY OF LOS ANGELES, Defendant,
Margaret Latham, Real Party in Interest and Appellant.
No. B211625 | Dec. 18, 2009

180 Cal.App.4th 391
Court of Appeal, Second District,
Division 8.

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County Employee Need Not be Discharged within Six Months of “Improvement Needed” Rating

DEPARTMENT OF HEALTH SERVICES OF LOS
ANGELES COUNTY, Plaintiff and Respondent,
v.
CIVIL SERVICE COMMISSION OF LOS ANGELES
COUNTY, Defendant and Respondent; LORRAINE
MURRELL, Real Party in Interest and Appellant.
THE MUNICIPAL COURT FOR THE LOS
ANGELES JUDICIAL DISTRICT OF LOS
ANGELES COUNTY, Plaintiff and Appellant,
v.
CIVIL SERVICE COMMISSION OF
LOS ANGELES COUNTY, Defendant
and Respondent; WINIFRED McCRAYMOODY, Real Party in Interest and Respondent.
No. B062074., No. B066174.
Court of Appeal, Second District, Division 3, California.
Jul 23, 1993

17 Cal.App.4th 487, 21 Cal.Rptr.2d 428

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Wrongful Discharge: County Employee Denied Disability Retirement had not been Dismissed for Permanent Disability

Court of Appeal, Second District, Division 7, California.
Consta KELLY, Plaintiff and Respondent,
v.
COUNTY OF LOS ANGELES,
Defendant and Appellant.
No. B17655 | July 26, 2006

141 Cal.App.4th 910

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Mexican-American Golf Course Manager Alleged that He was Not Promoted to Position of Assistant Golf Director Due as a Result of Discrimination – The Court of Appeal Held that there was No Substantial Evidence of Unlawful Discrimination

LOS ANGELES COUNTY DEPARTMENT OF
PARKS AND RECREATION, Plaintiff and Respondent,
v.
CIVIL SERVICE COMMISSION OF LOS
ANGELES COUNTY, Defendant; JOHN A.
CASTANEDA, Real Party in Interest and Appellant.
No. B054689.
Court of Appeal, Second District, Division 5, California.
July 21, 1992

8 Cal.App.4th 273, 10 Cal.Rptr.2d 150

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Physician’s Removal by County from His Administrative Post did Not Require Application of Predisciplinary Protections Mandated by County Service Rules for Discharge or Demotion

102 Ed. Law Rep. 259, 95 Cal. Daily Op.
Serv. 6237, 95 Daily Journal D.A.R. 10,583
WILLIAM C. SHOEMAKER, Plaintiff and Respondent,
v.
COUNTY OF LOS ANGELES
et al., Defendants and Appellants.
No. B081963.
Court of Appeal, Second District, Division 1, California.
August 4, 1995.

37 Cal.App.4th 618, 43 Cal.Rptr.2d 774,

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Reprimand, which was Never Placed in File, Constituted Notice of Proposed Discipline Under Public Safety Officers Procedural Bill of Rights Act

Court of Appeal, Second District, Division 2, California.
Matthew SQUIRE et al., Plaintiffs and Appellants,
v.
COUNTY OF LOS ANGELES et
al., Defendants and Respondents.
B276887 | Filed 3/21/2018

22 Cal.App.5th 16

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Sheriff’s Prior Battery Conviction did not Qualify as “Misdemeanor Crime of Domestic Violence” Under Federal Gun Control Act

Court of Appeal, Second District, Division 8, California.
Mark SHIREY, Plaintiff and Appellant,
v.
LOS ANGELES COUNTY CIVIL
SERVICE COMMISSION, Defendant;
Los Angeles County Sheriff’s Department,
Real Party in Interest and Respondent.
B238355 | May 6, 2013

216 Cal.App.4th 1

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Sheriff’s Deputy Who was Placed on Administrative Duty During Probationary Period was in “Actual Service” to be Credited Toward End of Probation

Court of Appeal, Second District, Division 1, California.
Christopher TREJO, Plaintiff and Respondent,
v.
COUNTY OF LOS ANGELES
et al., Defendants and Appellants.
B293564 | Filed 6/9/2020

50 Cal.App.5th 129

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County Civil Service Commission Lacked Jurisdiction to Hear Appeal of Deputy Sheriff Who Resigned

Court of Appeal, Second District, Division 4, California.
Jesse ZUNIGA, Plaintiff and Appellant,
v.
LOS ANGELES COUNTY CIVIL SERVICE
COMMISSION et al., Defendants and Respondents.
No. B179975 | March 27, 2006

137 Cal.App.4th 1255

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County Sheriff’s Department Could Extend Deputy’s Probation Due to “Relieved of Duty” Statute and then Terminate Deputy without Hearing

Court of Appeal, Second District, Division 5, California.
David AMEZCUA, Plaintiff and Appellant,
v.
LOS ANGELES COUNTY CIVIL SERVICE
COMMISSION et al., Defendants and Respondents.
B290632 | Filed 12/18/2019

44 Cal.App.5th 391

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County Charter did not Confer Jurisdiction to Civil Service Commission to Hear Employee’s Challenge to a De Facto Demotion

Court of Appeal, Second District, Division 4, California.
Margaret BERUMEN, Plaintiff and Appellant,
v.
COUNTY OF LOS ANGELES DEPARTMENT OF
HEALTH SERVICES, Defendant and Respondent.
No. B189886 | June 21, 2007

152 Cal.App.4th 372

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ERISA (Employee Retirement Income Security Act) Preempts State Statute Dealing with Collection Methods

Court of Appeal, First District, Division 1, California.
CARPENTERS HEALTH AND WELFARE
TRUST FUND FOR CALIFORNIA
et al., Plaintiffs and Appellants,
v.
SURETY COMPANY OF THE PACIFIC
et al., Defendants and Respondents.
No. A057981 | Feb. 17, 1993

13 Cal.App.4th 1406

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Officer Lacked Ability Under POBRA (Public Safety Officers Procedural Bill of Rights Act) to Appeal Decision to Rescind Probationary Promotion

Court of Appeal, Second District, Division 1, California.
Thomas L. CONGER, Plaintiff and Appellant,
v.
COUNTY OF LOS ANGELES et
al., Defendants and Respondents.
B288575 | Filed 06/14/2019

36 Cal.App.5th 262

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County’s Order for Medical Reevaluation of Investigator did Not Violate her FMLA (Family and Medical Leave Act) Right to Return to Work

Court of Appeal, Second District, Division 3, California.
Susan WHITE, Petitioner and Respondent,
v.
COUNTY OF LOS ANGELES et
al., Respondents and Appellants.
B243471 c/w B244798 | Filed April 15, 2014

225 Cal.App.4th 690

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Municipalities: Deposition of Deputy Sheriff taken by County Attorney was not an Interrogation Subject to Notice Rule

Court of Appeal, Second District, Division 5, California.
Shon SHAFER, Plaintiff and Appellant,
v.
LOS ANGELES COUNTY SHERIFF’S
DEPARTMENT, et al., Defendants and Respondents.
No. B154863 | March 17, 2003

106 Cal.App.4th 1388

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Physician’s Removal by County from His Administrative Post did not Require Application of Predisciplinary Protections Mandated by County Service Rules for Discharge of Demotion


WILLIAM C. SHOEMAKER, Plaintiff and Respondent,
v.
COUNTY OF LOS ANGELES
et al., Defendants and Appellants.
No. B081963.
Court of Appeal, Second District, Division 1, California.
August 4, 1995

37 Cal.App.4th 618, 43 Cal.Rptr.2d 774,
102 Ed. Law Rep. 259, 95 Cal. Daily Op.
Serv. 6237, 95 Daily Journal D.A.R. 10,583

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Licensee Must be Acting in the Capacity of a Contractor Before the License Bond can be Subjected to Liability

Court of Appeal, Fourth District, Division 1, California.
Gail BROWN, Plaintiff and Respondent,
v.
SURETY COMPANY OF THE PACIFIC, Defendant and Appellant.
Civ. 22954.

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Wilful Violation Must be Proved When Non-Homeowner Claimant Seeks Bond Recovery

Court of Appeal, Fourth District, Division 1, California.
NELSON SUPPLY COMPANY, INC., Plaintiff and Respondent,
v.
SURETY COMPANY OF THE PACIFIC, Defendant and Appellant.
D001012.
Civ. 31225.

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Non-Homeowners Limited on Right to Recovery on Bond

Court of Appeal, First District, Division 3, California.
ALL BAY MILL & LUMBER CO., INC., Plaintiff, Cross-defendant, and Appellant,
v.
SURETY COMPANY OF THE PACIFIC, Defendant, Cross-complainant, and Respondent.
No. A041581.

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Contractors License Law Not Applicable Unless Acting in the Capacity of a Contractor

Court of Appeal, Fourth District, Division 1, California.
Gail BROWN, Plaintiff and Respondent,
v.
SURETY COMPANY OF THE PACIFIC, Defendant and Appellant.
Civ. 22954.

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Indemnity Agreement is Found Not to be Ambiguous

Court of Appeal, Fourth District,
California.
CITY OF CHINO, Plaintiff and Respondent,
v.
Amy JACKSON, Defendant, Cross-defendant and Appellant;
Developer’s Insurance Company, Defendant, Cross-complainant and Respondent.
No. E028198.

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Negligent Preparation of Preliminary Title Report is Not Actionable.

Southland Title Corp. v. Superior Court (Nye),
231 Cal. App. 3d 530, 282 Cal. Rptr 425 (1991)
Preliminary title policy affords limited protection.

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