Benach

SUMMARY

This appeal is the latest flareup in litigation that began in 1993 when appellant Deputy Sheriff Francisco Benach was fired by respondent Los Angeles County Sheriff’s Department (Department), after he allegedly assaulted another deputy. This appeal involves the Department’s alleged breach of an agreement resolving litigation that arose out of that and other incidents. It also involves a violation of the Public Safety Officers Procedural Bill of Rights Act (POBR), Government Code section 3300 et seq., allegedly committed by the Department by virtue of an involuntary transfer of Benach from the bureau where the Department’s pilots are based.

The trial court found no violation of the POBR, and granted the Department’s motion for summary adjudication. The court also found that the gist of Benach’s action sought equitable relief, and denied his request for a jury trial on claims for breach of contract and breach of the covenant of good faith and fair dealing. Trial was conducted over a span of about three months, after which the court found in favor of the Department on both claims, and subsequently awarded costs to the Department. Benach filed these appeals, which…