Jones&Mayer

JONES & MAYER

3777 North Harbor Boulevard
Fullerton, CA 92835
Telephone: (714) 446 1400 Fax: (714) 446 1448 ** e-mail: MJM@JONES-MAYER.COM
Visit our Web Site: WWW.JONES-MAYER.COM

JONES & MAYER - RECENT CASE UPDATES

Vol. Twenty Two No. Twelve - December 2007

Valencia v. County of Sonoma (2007), 2007 Cal.App. LEXIS 2126
Discipline Must Be Consistent With MOU

Long v. City and County of Honolulu, (2007) 2007 U.S.App.LEXIS 29530
Court of Appeals Rules Officer Acted Reasonably In Use of Deadly Force

Vol. Twenty Two No. Eleven - November 2007

Chambers v. Superior Court (San Diego Police Dept.), (2007) 42 Cal.4th 673
Defense May Use Derivative Information Independently Developed In Prior Proceeding Without Violating Prior Protective Order

City of Garden Grove v. Superior Court (2007), 157 Cal.App.4th 355
Court of Appeal Holds California Medical Marijuana Act Not Superceded By Federal Law

Sager v. County of Yuba (2007), 156 Cal.App.4th 1049
Where Deputy Is Found Unfit For Duty By County, Officer Carries Burden Of Proof To Overcome Strong Presumption That County's Decision Was Correct

Sharp Healthcare v. County of San Diego (2007) , 156 Cal.App.4th 1301
County Not Liable For Medical Expenses For Arrestee Treatment Prior To Booking

Vol. Twenty Two No. Ten - October 2007

Moore v. City of Los Angeles, 156 Cal.App.4th 373 (Cal Ct. App. 2007)
Violation of POBR Statute of Limitations For Disciplinary Action Must Be Raised Before or At Administrative Hearing

Vol. Twenty Two No. Nine - September 2007

Dible v. City of Chandler, 502 F.3d 1040 (9th Cir. 2007)
Officer's Termination For Running Porn Website Did Not Violate First-Amendment Rights

Vol. Twenty Two No. Eight - August 2007

Garcia v. Superior Court, 42 Cal.4th 63 (Cal. 2007)

Green v. State of California, 42 Cal.4th 254 (Cal.2007)
Plaintiff Must Show He Or She Can Perform The Essential Functions Of The Job With Or Without Reasonable Accommodation

Commission on Peace Officer Standards & Training v. Superior Court, 42 Cal.4th 278 (Cal.2007)
Public Records Act Requires POST To Disclose Certain PO Record Information Contained in POST Files

Vol. Twenty Two No. Seven - July 2007

Luis A. Valenzuela v. Cal. State Pers. Bd, 2007 Cal.App.Unpub.LEXIS 5438 (California Unpublished Opinions 2007)
Discipline Requires Employee to Have Received Training And/Or Notice That Foreign Medication May Test As Illegal Substance

Vol. Twenty Two No. Six - June 2007

Brendlin v. California, 127 S.Ct. 2400 (U.S. 2007)
Passenger, Like Driver, Is Seized For Fourth Amendment Purposes In Traffic Stop

Giovanni B. v. Superior Court (City of Chula Vista Police Dept.), 152 Cal.App.4th 312 (Cal.Ct.Ap.2007)
Defense Has Burden to Articulate How Pitchess Discovery May Be Admissible As Direct Or Impeachment Evidence

O'Connell v. City of Stockton, 41 Cal.4th 1061 (Cal. 2007)
Legislation Comprehensively Addressed Through The Penal and Vehicle Codes Leaves No Room For Further Regulation At Local Level

Vol. Twenty Two No. Five - May 2007

LOS ANGELES UNIFIED SCHOOL DISTRICT v. THE SUPERIOR COURT OF LOS ANGELES COUNTY (CITY OF LONG BEACH et al.), 2007 DAR 8181, 151 Cal.App. 4th 759; 60 Cal.Rptr. 3d 445; 2007 Cal.App. LEXIS 879.
A Public Agency Is Authorized To Seek Disclosure Of Public Records In Possession Of Another Public Agency.

O’DEA v. MICHAEL BUNNELL et al., 2007 DAR 7537, 151 Cal.App.4th 214; 59 Cal.Rptr. 3d 684; 2007 Cal.App. LEXIS 837.
There Must Be “State Action” For Liability Where Officer Injured While Quelling Fight

GARY BLANKENHORN, v. CITY OF ORANGE, et al., 2007 DAR 6484 (9th Cir.).
Chief’s Actions Perceived as Condoning Officer’s Excessive Acts

Vol. Twenty Two No. Four - April 2007

California School Employees Association. v. Livingston Union School District, (2007) 2007 DAR 4547, 149 Cal.App. 4th 391; 56 Cal.Rptr. 3d 923; 2007 Cal.App. LEXIS 498.
Right To Respond To Discipline Cannot Be Ambiguous

Kolender v. San Diego County Civil Service Commission (Gant), (2007) 2007 DAR 4565, 149 Cal.App.4th 464; 57 Cal.Rptr. 3d 84; 2007 Cal.App. LEXIS 501.
County Civil Service Commission Abuses Discretion In Reducing Sheriff’s Disciplinary Decision

BENACH v. COUNTY OF LOS ANGELES et al., 2007 DAR 5003, 149 Cal.App.4th 836, 57 Cal.Rptr. 3d 363, 2007 Cal.App. LEXIS 545, 2007 Cal. LEXIS 8149.
Sheriff’s Department Not In Breach Of Settlement Agreement or POBR In Deputy’s Reassignment

FRANK et al., v. COUNTY OF LOS ANGELES et al., 2007 DAR 4922, 149 Cal.App.4th 805; 57 Cal.Rptr. 3d 430; 2007 Cal.App. LEXIS 530.
Statistics Alone Does Not Support Disparate – Discrimination Action

Vol. Twenty Two No. Three - March 2007

FLIPPIN v. LOS ANGELES CITY BOARD OF CIVIL SERVICE COMM’S, 148 Cal.App. 4th 272 (2007)
TERMINATION FOR SLEEPING DURING WORKING HOURS UPHELD

Vol. Twenty Two No. Two - February 2007

ALCALA v. CITY OF CORCORAN, 147 Cal.App. 4th 666 (2007)
ADOPTION OF WRITTEN VEHICULAR PURSUIT POLICY IMMUNIZED CITY AND POLICE FROM PURSUIT LIABILITY

PEOPLE v. GUEVARA, 148 Cal.App. 4th 62 (2007)
INADEQUATE RECORD OF PITCHESS REVIEW BY TRIAL COURT GARNERS REMAND

U.S. v. Lopez, 474 F. 3rd 1208 (9th Cir.2007)
PROTECTIVE SWEEP OF RESIDENCE AND PAROLE SEARCH OF RESIDENCE DID NOT VIOLATE FOURTH AMENDMENT

Vol. Twenty Two No. One - January 2007

NICHOLAS BETTENCOURT et al., v. CITY AND COUNTY OF SAN FRANCISCO et al., 146 Cal.App.4th 1090 (2007)
FACTS INDICATE DEPARTMENT DID NOT VIOLATE OWN REVIEW RULES OR STATUE OF LIMITATIONS IN DICIPLINARY MATTER

GREGORY W. BRESLIN et al., v. CITY AND COUNTY OF SAN FRANCISCO et al., 146 Cal.App.4th 1064 (2007)
STATUE OF LIMITATIONS APPLIES IN OFFICER DISCIPLINARY MATTER

JOHNSON V. CITY OF SEATTLE, 474 F.3rd 634 (9th Cir.2007)
CROWD CONTROL OPERATIONAL PLANS DO NOT RESULT IN CIVIC RIGHTS VIOLATION

ROSS V. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, 146 Cal.App.4th 1507 (2007)
EMPLOYEE MUST EXHAUST ADMINISTRATIVE REMEDIES AND SPECIFICALLY STATE CAUSES OF ACTION

SACRAMENTO POA V. CITY OF SACRAMENTO, 147 Cal.App.4th 311 (2007)
CITY DID NOT VIOLATE "MEET AND CONFER" UTILIZING RETIREES TO REMEDY SHORT-TERM STAFFING

U.S. v. ZIEGLER, 474 F.3rd 1184 (9th Cir. 2007)
EMPLOYER HAS RIGHT OF CONSENT FOR THIRD PARTY TO SEARCH EMPLOYEES COMPANY OWNED COMPUTER

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