James Selvitella v. City of South San Francisco, C

MEMORANDUM

James Selvitella appeals the district court’s order denying his petition for a writ of mandamus under California Code of Civil Procedure § 1094.5. We affirm.

The district court correctly concluded that the city of South San Francisco complied with its Personnel Rule § 13.02(B), which requires that the subject of disciplinary action be allowed “to inspect copies of all materials upon which the disciplinary action is based.” In Selvitella’s hearing before the Personnel Board, the Board accepted testimony that the city produced all of the materials it relied on in deciding to terminate Selvitella. The materials provided Selvitella with his notice of termination were more than sufficient to prove the factual allegations underlying his dismissal — indeed, Selvitella’s termination could have been supported by his admissions alone — which constitutes substantial evidence supporting the Board’s conclusion that Selvitella was allowed to inspect all materials on which the decision to terminate him was based. See Rosenblit v. Superior Court, 231 Cal.App.3d 1434 , 282 Cal.Rptr. 819, 824 (1991) (holding that foundational factual findings material to whether an agency proceeded in…