Baker

Appellant Baker was employed by the County of San Luis Obispo as a deputy sheriff". He was dismissed from his job and he appealed his dismissal to the civil service commission. The commission upheld the dismissal.

Appellant filed a petition for a writ of mandate in the superior court and Judge Howard Crandall held a hearing and denied the writ. Appellant then appealed in 2d Civil No. 43182 and, while that appeal was pending, Rigsby v. Civil Service Com. (1974) 39 Cal.App.3d 696 [ 115 Cal.Rptr. 490 ] was handed down by this division.

Based on that decision, the appellate court reversed “. . . for the sole purpose of permitting the trial court to exercise its independent judgment on the evidence and then to determine if the findings of the County Civil Service Commission in this matter are supported by the weight of the evidence and if the Commission’s decision is otherwise in accordance with the law.”

The remittitur was made to San Luis Obispo County Superior Court. That court set it for hearing before Judge Crandall, the same judge who had heard all the earlier proceedings.

On the date set for further proceedings, the appellant served respondent and the trial court…