Aluisi

Aluisi v. County of Fresno

Good Law
159 Cal. App. 2d 823·1958 Cal. App. LEXIS 2074·324 P.2d 920
Court of Appeal of CaliforniaApril 30, 1958Civ. 5653California1,560 words

Opinion

Opinion

Mussell, J.

In these proceedings in mandamus petitioners Louis R. Boyd and Julius Aluisi sought a judicial review in the superior court of the decision of the Civil Service Commission of Fresno County upholding the order of the sheriff of said county discharging petitioners from their •positions as deputy sheriffs on charges of inexcusable neglect of duty, immorality, insubordination, and dishonesty. The principal grounds upon which petitioners sought relief by way of writ of mandate were (1) That such civil service commission prejudicially abused its discretion in rendering a decision not supported by substantial evidence in the light of the whole record; and (2) That the transcript of the proceedings before the commission, filed with and incorporated by reference in the amended petition, is incomplete, that there was material testimony missing from it, and that petitioners were not given a fair and impartial trial during the hearing held before said commission.

On September 26, 1956, petitioners were dismissed from their positions as deputy sheriffs upon orders of the sheriff charging them with inexcusable neglect of duty and specifying that on or about September 10, 1956, while assigned…

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