Melkonians

Melkonians v. Los Angeles County Civil Service Commission

Good Law
174 Cal. App. 4th 1159·2009 Cal. App. LEXIS 919·95 Cal. Rptr. 3d 415
Court of Appeal of CaliforniaMay 13, 2009B208046California5,671 words

Opinion

Opinion

Klein, J.

Ara Melkonians appeals from an order denying a petition for writ of mandate (Code Civ. Proc., § 1094.5) by which he sought to overturn the termination of his employment with the Los Angeles County Sheriff’s Department (the Department) for violation of the Department’s policies regarding conduct toward others.

Melkonians contends a tape-recorded telephone call made by the complaining witness in the underlying incident of domestic violence did not qualify as a spontaneous statement (Evid. Code, § 1240), Melkonians was denied the right to confront and cross-examine the complaining witness (Crawford v. Washington (2004) 541 U.S. 36 [ 158 L.Ed.2d 177 , 124 S.Ct. 1354 ]), the evidence was insufficient to support the alleged violation, and the Department did not give notice of its intent to terminate within one year as required by the Peace Officers Bill of Rights Act (Gov. Code, § 3304, subd. (d)).

We reject these contentions and affirm the denial of Melkonians’s writ petition.

BACKGROUND

1. The underlying incident of domestic violence and evidence before the Civil Service Commission.

The evidence adduced before the Los Angeles County Civil Service Commission (Civil…

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