Monsivaiz
Monsivaiz v. L.A. County Civil Service Com. (L.A. County Dept. of Ag. Comr.)
Opinion
Opinion
Grimes, J.
The sole question presented is whether the death of plaintiff Peter Monsivaiz during the pendency of the underlying writ proceeding divested defendant Civil Service Commission of the County of Los Angeles (Commission) of jurisdiction, thereby mandating a dismissal of plaintiff’s writ proceeding. We conclude that it did, and therefore affirm the court’s order dismissing the writ proceeding with prejudice.
FACTUAL AND PROCEDURAL BACKGROUND
We summarize only those facts germane to the narrow issue presented, and those facts are undisputed by the parties.
Plaintiff was employed as an agricultural inspector aid by real party in interest and respondent County of Los Angeles Department of Agricultural CommissionerAVeights and Measures (County). Plaintiff was terminated from his position on February 18, 2010. Plaintiff appealed his discharge to the Commission.
Following a hearing that took place over a period of days, the hearing officer issued his decision recommending that plaintiff’s discharge be upheld. On December 14, 2011, the Commission issued its final order and decision adopting the hearing officer’s recommendation and sustaining real party in interest’s discharge of…