Gales

Petitioner, Paul Edward Gales, seeks a writ of mandate directing the superior court to set aside an order holding that his action for damages is barred for his failure to file a petition for writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5.

I. Factual and Procedural Background

Gales, a lieutenant with the Pasadena Police Department was investigated by his employer for alleged misconduct. Upon conclusion of the investigation, a finding was made that Gales had lied to his superiors, and Gales was demoted to the rank of sergeant. Gales filed an administrative grievance contesting the charges against him and the discipline imposed. Thereafter, a hearing was held, and the discipline imposed was upheld.

Gales filed suit against real parties, the City of Pasadena (the City) and four police department supervisors who were involved in the investigation. Gales asserted claims for race and sex discrimination, retaliation, civil rights violation, intentional infliction of emotional distress, defamation and invasion of privacy. He also alleged that by subjecting him to an “arbitrary, unfair and dishonest” internal affairs investigation, the City…