Musquiz

The appellant, Musquiz, appeals from an order of the trial court denying his petition for alternative or peremptory writ of mandate and damages brought pursuant to California Code of Civil Procedure section 1094.5. Musquiz raises three central issues on appeal. First, did the respondent, Huntington Park City Council, exceed the proper scope of review during its examination of the findings and recommendations of the city’s civil service commission? Second, was the council’s decision supported by its findings? Third, did the trial court apply the appropriate standard of review in assessing the propriety of the council’s decision? After examining the above issues, we conclude no errors occurred. We affirm the trial court’s decision.

Statement of Facts and Proceedings Below

On July 30, 1983, Musquiz, a police officer, was called to a Sav-on Drug Store to pick up a suspect who had been apprehended at the store for shoplifting. The suspect had attempted to steal a bottle of liquor and was also presumed to be under the influence of some substance. The store’s security guard who had apprehended the suspect was with the suspect in the back of the store. The suspect was…