Lucero

Defendants the City of Los Angeles and its chief of police, Daryl F. Gates, appeal from a judgment granting the petition of plaintiff Frank Lucero, a police officer employed by the City of Los Angeles, for a writ of mandate compelling defendants to nullify and revoke a December 22, 1987, order suspending plaintiff from his duties for 22 days without pay.

Defendants contend (1) they were relieved of the requirement of personal service on plaintiff of the notice of proposed disciplinary action by their receipt of a letter from plaintiff’s physician requesting cessation of all contact between plaintiff and the police department; (2) even if the service on plaintiff by certified mail was ineffective, nullification or revocation of the suspension order was not required; and (3) the trial court erred in not ruling on defendants’ objections to the judgment prior to entry thereof. Plaintiff in turn asks that we award him attorney’s fees incurred in this appeal. For the reasons that follow, we reverse the judgment of the trial court and decline to award plaintiff attorney’s fees.

Factual and Procedural History

In his verified complaint, Sergeant Lucero alleged that in June of…