Camarena

Camarena v. State Personnel Bd.

Good Law
1997 Cal. App. LEXIS 322·54 Cal. App. 4th 698·62 Cal. Rptr. 2d 775·97 Daily Journal DAR 5353·97 Cal. Daily Op. Serv. 2997
Court of Appeal of CaliforniaMarch 24, 1997G019497California1,553 words

Opinion

Opinion

Sonenshine, J.

Kenneth J. Camarena appeals from a superior court judgment denying his petition for writ of mandate in a case arising out of Camarena’s disciplinary discharge from his employment. We affirm.

Factual and Procedural Background

Camarena was an employee of the California Department of Food and Agriculture (DFA). He was a maintenance mechanic in charge of the mechanic shop at the 32d District Agricultural Association (DAA) Orange County Fair. On February 18, 1992, he gave a new 121-volt battery owned by the fair to a coworker, Fernando Esquivel, for Esquivel’s personal use. At the same time, Esquivel gave Camarena $10. The fair’s management learned about the transaction from Albert Aguirre, Camarena’s assistant, and asked the Orange County Sheriff’s Department to investigate.

On June 6, Esquivel was notified of a five-day suspension for misuse of state property. A few days later, Camarena threatened Aguirre, waving a document in his face, calling him a “rat,” and making a throat-slashing gesture. And on June 20, he pretended to point a gun at Aguirre as the two crossed paths in the parking lot. Believing Camarena wanted to kill him, Aguirre reported the threats to a…

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