Otto

Petitioner Kevin Otto (Otto) appeals from a postjudgment order denying his Code of Civil Procedure section 1021.5 motion for attorney’s fees. Otto is a public safety officer employed by the Los Angeles Unified School District (the District). This is the second time we have considered his case.

By published opinion, we reversed a judgment entered against Otto on his Code of Civil Procedure section 1085 petition for a writ. By such petition, Otto sought to have the trial court direct the District to afford him an administrative appeal on what he argued was punitive action taken by the District against him. The alleged punitive action was a written memorandum (denominated a “summary of conference,” and placed in Otto’s personnel file), which documents a meeting between himself and his supervisor. In Otto v. Los Angeles Unified School Dist. (2001) 89 Cal.App.4th 985 [ 107 Cal.Rptr.2d 664 ] (Otto), we held that it is the contents of a written memorandum about a public safety officer, and not the title of such writing or the lack of a disciplinary intent associated with the writing, that determines whether the writing constitutes punitive action against such an officer, and…