Wood

Wood v. City Civil Service Commission

Good Law
119 Cal. Rptr. 175·1975 Cal. App. LEXIS 1668·45 Cal. App. 3d 105
Court of Appeal of CaliforniaFebruary 5, 1975Civ. 43675California1,797 words

Opinion

Opinion

Loring, J.

Raymond F. Wood (Wood) filed a petition for writ of mandate against the City Civil Service Commission of the City of Los Angeles (Commission) alleging that he had been employed in a civil service job as an ambulance driver for the fire department; that he had been discharged January 14, 1971, for alleged violation of Penal Code section 647, subdivision (a) (solicitation to engage in lewd conduct); that he had entered a plea of guilty to disturbing the peace; that he appealed to Commission to reverse such discharge; that Commission scheduled a hearing for 10 a.m., September 29, 1971; that Commission had a duty to conduct a full and fair hearing but did not do so inasmuch as his counsel was engaged in trial and requested a continuance; that Commission commenced the hearing at 10:30 a.m. in the absence of counsel, concluded the hearing at 11 a.m., and his counsel arrived at the hearing room at 11:40 a.m.; that by reason thereof he was not able to cross-examine witnesses against him or present evidence in his behalf, all of which violated his rights under the Fourteenth Amendment of the United States Constitution; that thereafter, on November 9, 1971, he demanded that…

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