Lucich

Lucich v. City of Oakland

Good Law
19 Cal. App. 4th 494·1993 Cal. App. LEXIS 954·23 Cal. Rptr. 2d 450·93 Daily Journal DAR 12027·58 Cal. Comp. Cases 618
Court of Appeal of CaliforniaSeptember 21, 1993A056243California3,198 words

Opinion

Opinion

Peterson, J.

A jury found that the City of Oakland, its fire chief, and its city manager (collectively appellants) had wrongly refused to grant merit promotions to John J. Lucich, Jr., James R. Catalano, and Bob B. Means II (respondent firefighters). The jury awarded the three respondent firefighters a total of $650,000 in backpay and other damages. Appellants contend the judgment must be reversed because: (1) the City Charter of Oakland, which guarantees a right to be promoted based upon merit, does not create a cause of action in tort; (2) respondents’ exclusive remedy for emotional distress was the workers’ compensation act; (3) respondents failed to file administrative claims against the city under the Tort Claims Act; and (4) the damages were excessive. We will reject these contentions, most of which were not properly raised in the trial court.

The three respondent firefighters also cross-appeal from trial court rulings which (1) rejected their claims of denial of federal due process rights, and (2) denied their request for attorney fees. We find no merit in these appellate contentions, and will affirm the judgment in every respect.

I. Facts and Procedural History

There is no…

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