Castillo

Castillo v. City of Los Angeles

Good Law

111 Cal. Rptr. 2d 870·2001 Cal. App. LEXIS 747·2001 Daily Journal DAR 10237·92 Cal. App. 4th 477·2001 Cal. Daily Op. Serv. 8342

Court of Appeal of CaliforniaSeptember 21, 2001B143598California3,271 words

Opinion

Epstein, J.

Plaintiff appeals from summary judgment entered against him in this wrongful termination action. The summary judgment was granted based upon final determinations in an earlier administrative action. We find no triable issue of material fact and affirm the judgment.

Factual and Procedural Summary

Edward Castillo, Jr., worked for the Bureau of Engineering in the Department of Public Works of the City of Los Angeles for 29 years. In June 1996, he was dismissed for cause. According to the city, this action was taken because of his repeated unauthorized absences and tardiness. Castillo appealed his discharge to the Los Angeles County Civil Service Commission (Commission). An evidentiary hearing was conducted that August. The hearing examiner, in her report filed with the Commission in October, found that the charges were established by the evidence and recommended that the Commission sustain the dismissal. The Commission requested that the Board of Public Works (Board) substitute a lesser penalty, but the Board reaffirmed the discharge in January 1997.

In April 1997, Castillo filed a petition for writ of mandate in superior court pursuant to Code of Civil Procedure section…

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