Arellanes

Arellanes v. Civil Service Commission

Good Law
1995 Cal. App. LEXIS 1284·41 Cal. App. 4th 1208·49 Cal. Rptr. 2d 73·96 Daily Journal DAR 541·96 Cal. Daily Op. Serv. 358
Court of Appeal of CaliforniaDecember 18, 1995B079842California3,117 words

Opinion

Opinion

Klein, J.

Plaintiff and appellant, Rudolfo Arellanes (Arellanes), appeals from the judgment entered following denial of his petition for a writ of mandate to compel the Los Angeles County Civil Service Commission (Commission) to vacate its decision upholding his discharge from the Los Angeles County Sheriff’s Department (Department). (Code Civ. Proc., § 1094.5.)

The issues presented are whether Arellanes’s discharge must be set aside because it was the product of entrapment or because the rules which governed his conduct were unconstitutionally vague and overbroad.

Since Arellanes was not entrapped and the rules and regulations governing his conduct were neither vague nor overbroad, we affirm the judgment.

Factual and Procedural Background

1. The evidence.

Viewed in the light most favorable to the judgment (Pittsburgh Unified School Dist. v. Commission on Professional Competence (1983) 146 Cal.App.3d 964, 978 [ 194 Cal.Rptr. 672 ]), the evidence established that in March of 1989, Robert Arrand (Arrand) was arrested by United States Secret Service officers in connection with a conspiracy to commit a contract murder. As part of a negotiated plea bargain, Arrand indicated to the…

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