Monsivaiz
Monsivaiz v. L.A. County Civil Service Com.
Opinion
Opinion
Grimes, J.
facts are undisputed by the parties. Plaintiff was employed as an agricultural inspector aid by real party in interest County of Los Angeles Department of Agricultural Commissioner/Weights and Measures. 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 plaintiff. On March 13, 2012, plaintiff filed a petition for writ of mandate pursuant to Code of Civil Procedure sections 1094.5 and 1094.6 contesting the Commission’s final order and decision. Plaintiff’s writ petition sought an order from the superior court directing the Commission to set aside its decision, to reinstate plaintiff to his former position as an agricultural inspector aid, and to award plaintiff backpay. On January 16, 2013, plaintiff died while the writ proceeding was still pending. Plaintiff’s widow, Corina Monsivaiz, filed a motion…