Stewart

Stewart v. City of Pismo Beach

Good Law

1995 Cal. App. LEXIS 572·35 Cal. App. 4th 1600·42 Cal. Rptr. 2d 382·95 Daily Journal DAR 8329·95 Cal. Daily Op. Serv. 4898

Court of Appeal of CaliforniaMay 25, 1995B085384California2,418 words

Opinion

Yegan, J.

The City of Pismo Beach and its city council (City) appeal from a trial court order overruling their demurrer to and granting a petition for writ of mandate filed by former City Police Officer Mark Stewart (Stewart). The writ compels the City to provide Stewart with a defense, i.e., separate counsel, in a federal civil rights action filed against him, the City, and several other City police officers (the federal action). Because we conclude that Government Code section 995.2, subdivision (c) allows the City to withdraw from the defense of Stewart and that the City is not estopped from doing so, we reverse.

Facts

Stewart was a City police officer from June 1991 until October 1993. While employed by the City, Stewart participated in one of two undercover investigations conducted by the City’s police department concerning narcotics activity at Harry’s Cocktail Lounge (Harry’s). Six patrons of Harry’s were arrested as a result of these investigations. The City shared the results of the investigations with the California Department of Alcohol and Beverage Control (ABC). After receiving this information, the ABC began proceedings to revoke Harry’s liquor license. In addition,…

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