Taylor

Taylor v. City of Los Angeles

Good Law

1997 Cal. App. LEXIS 1105·60 Cal. App. 2d 611·60 Cal. App. 4th 611·70 Cal. Rptr. 2d 521·97 Daily Journal DAR 5

Court of Appeal of CaliforniaDecember 30, 1997B109736California3,061 words

Opinion

Nott, J.

Appellant, Los Angeles Police Officer Miles Taylor, appeals from the trial court’s denial of his petition for writ of administrative mandate under Code of Civil Procedure section 1094.5, in which he sought to overturn respondent City of Los Angeles’ imposition of a 22-day disciplinary suspension under amended charges. We are asked to determine whether the board of rights manual, which allows amendment of a charge to conform to proof, conflicts with the Charter of the City of Los Angeles. We conclude it does not. The amended charges against appellant, therefore, did not fall outside the one-year statute of limitations period.

Facts and Procedural Background

The Underlying Arrest

On October 16, 1990, Lopez, Medina, Perez and Villaraz were arrested in the course of a Los Angeles Police Department “buy-bust” drug operation, involving 16 plainclothes and undercover officers. After the undercover officers, including Officers Watts and Sherwood, made their buys, appellant and other officers moved in. As the officers converged, Lopez ran and crashed into a car, hit his head on the hood, rolled over the hood, and fell off the other side. Appellant arrested Perez and Villaraz.…

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