Buesa

This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City) brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.; POBRA). The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus.

We conclude that plaintiffs’ action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment.

FACTUAL AND PROCEDURAL SUMMARY

Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading.

On February 2, 2002, plaintiffs participated in the arrest of a suspect following…