Moore

Moore v. City of Los Angeles

Good Law
156 Cal. App. 4th 373·2007 Cal. App. LEXIS 1748·67 Cal. Rptr. 3d 218·26 I.E.R. Cas. (BNA) 1785
Court of Appeal of CaliforniaOctober 4, 2007B195412California5,098 words

Opinion

Opinion

Kriegler, J.

Following a hearing before a board of rights, appellant Tyrone Moore was removed from his position as a police officer for the City of Los Angeles (City). Moore filed a petition for administrative mandate pursuant to Code of Civil Procedure section 1094.5, which challenged the sufficiency of the evidence to support his removal. The trial court rejected Moore’s challenge to the sufficiency of the evidence, as well as an argument that the City violated Moore’s right to have the investigation into his conduct completed within the one-year statute of limitations found in the Public Safety Officers Procedural Bill of Rights Act (Gov. Code § 3300 et seq.; the Act). Moore has abandoned his challenge to the sufficiency of the evidence in this appeal, but he renews his statute of limitations contention. We conclude that Moore’s failure to raise the statute of limitations before the board of rights, and his failure to seek injunction relief for the alleged violation under Government Code section 3309.5, preclude appellate review of the issue. We therefore affirm the judgment of the trial court.

BACKGROUND

Officers of the Los Angeles Police Department, including Moore, responded…

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