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 Three No. Six - July 2008

Lopez v. Imperial County Sheriff's Office 165 Cal.App.4th 1 (2008)
EMPLOYMENT APPEALS BOARD TIE VOTES EQUIVALENT OF A FAILURE TO ACT

Los Angeles County Professional Peace Officers' Assn. v. County of Los Angeles 165 Cal.App.4th 63 (2008)
DEFERRED EXCESS VACATION PAID AT TIME OF RETIREMENT IS CONSIDERED SALARY FOR PURPOSES OF RETIREMENT CALCULATION

Vol. Twenty Three No. Five - June 2008

People v. Wycoff 164 Cal.App.4th 410 (2008)
PITCHESS MOTION REQUIRES CUSTODIAN OF RECORD TO COMPLY WITH ALL PROVISIONS REGARDING PRODUCTION OF RECORDS

Uybungco v. Superior Court (San Diego Police Dept.) 163 Cal.App.4th 1043 (2008)
WHERE DEFENDANT MEETS PITCHESS THRESHOLD COURT IS OBLIGATED TO REVIEW ALL REQUESTED PERSONNEL RECORDS

City of Oakland v. Hassey 163 Cal.App.4th 1477 (2008)
REIMBURSEMENT FOR TRAINING OFFICER WHO RESIGNS PRIOR TO CONTRACT TERM DOES NOT VIOLATE FLSA

California Correctional Peace Officers Assn. v. Schwarzenegger 163 Cal.App.4th 802 (2008)
GOVERNOR HAS AUTHORITY TO DECLARE PRISON OVER-CROWDING EMERGENCY AND AUTHORIZE OUT-OF-STATE PRIVATE CONTRACTS

Monroy v. City of Los Angeles 164 Cal.App.4th 248 (2008)
TRIAL COURT ERRORS, DEPARTMENT MANUAL, AND OFFICER ACTIONS IN RESPONDING TO BACKUP REQUEST, CREATED LIABILITY FACTOR

Vol. Twenty Three No. Four - May 2008

Torres v. City of Madera (2008) 524 F.3d 1053
FORCE USED WILL BE DETERMINED BY REASONABLENESS OF USE

People v. Kelly (2008) 163 Cal.App.4th 124
HEALTH AND SAFETY CODE §11362.77 HELD UNCONSTITUTIONAL

Levine v. City of Alameda (2008) 525 F.3d 903

Beck v. City of Upland (2008) 527 F.3d 853
ARREST WITHOUT PROBABLE CAUSE EVEN THROUGH DISTRICT ATTORNEY FILES NEGATES QUALIFIED IMMUNITY DEFENSE

Vol. Twenty Three No. Three - April 2008

Gregory v. County of Maui; Maui Police Department (2008) 523 F.3d 1103
EXCESSIVE FORCE NOT USED TO SUBDUE BIZARRE ACTING SUSPECT

Soto v. County of Riverside (2008) 162 Cal.App.4th 492
REQUIRING EMPLOYEE, NOT REPRESENTED BY UNION IN ARBITRATION PROCEEDING, TO PAY HALF OF COST IS UNCONSTITUTIONAL

Ortega v. Sacramento county Department of Health and Human Services, et al.,(2008) 161 Cal.App.4th 713
PUBLIC EMPLOYEES HAVE IMMUNITY FOR DISCRETIONARY ACTS EVEN IF DISCRETION EXERCISED BADLY

Vol. Twenty Three No. Two - March 2008

Mary Clement v. City of Glendale, Officer J. Young, an individual, et al, (2008) 518 F.3d 1090
GOVERNMENT MUST ATTEMPT TO NOTIFY OWNER OF VEHICLE PARKED IN VIOLATION OF A VALID "PNO" CERTIFICATE BEFORE IT CAN BE TOWED AND IMPOUNDED

Jones v. Lodge at Torrey Pines Partnership, (2008) 42 Cal.4th 1158
IN RETALIATION ACTION EMPLOYER, NOT NON-EMPLOYER SUPERVISOR, MAY BE HELD LIABLE UNDER FEHA

Rosetta Surrell v. California Water Service Co., (2008) 518 F.3d 1097
DISCRIMINATION, RETALIATION, AND HOSTILE WORK ENVIRONMENT CLAIMS FAIL WHERE EMPLOYER SHOWS DECISIONS BASED ON LEGITIMATE BUSINESS REASONS

Janet Lynn Lanier v. City of Woodburn, (2008) 518 F.3d 1147
PREEMPLOYMENT DRUG TESTING POLICY UNCONSTITUTIONAL AS APPLIED TO SPECIFIC JOB CATEGORIES

Vol. Twenty Three No. One - January 2008

Norton v. San Bernardino City Unified School Dist. (2008) 158 Cal.App.4th 749
SUSPENSION UPHELD FOR DISHONESTY AND FALSIFICATION OF RECORD

Fiscal v. City and County of San Francisco, (2008) 158 Cal.App.4th 895
LOCAL GOVERNMENTS MUST TREAD LIGHTLY REGARDING REGULATION OF FIREARMS

City of Los Angeles v. 2000 Jeep Cherokee, (2008) 159 Cal.App.4th 1272
MATTERS COVERED BY VEHICLE CODE PROHIBITED UNLESS SPECIFICALLY ALLOWED

Darin D. Greene v. Solano County Jail, (2008) 513 F.3d 982
JAIL POLICIES THAT INFRINGE UPON RELIGIOUS MATTERS OF INMATES MUST SHOW A COMPELLING NEED FOR SUCH RESTRICTION

Edwige Bingue, et al. v. Eli Prunchak, (2008) 512 F.3d 1169
UNLESS ACTIONS ARE DELIBERATE INTENT TO HARM, OFFICER ENTITLED TO QUALIFIED IMMUNITY IN HIGH-SPEED CHASE

Quihuis v. City of Los Angeles, (2008) 159 Cal.App.4th 443
POBRA REQUIRES OFFICER BE NOTIFIED OF SPECIFIC DISCIPLINARY ACTION BEING PROPOSED, NOT MERELY ADVISED THAT SOME DISCIPLINARY ACTION IS BEING CONTEMPLATED

Ahmadi-Kashani v. Regents of the Univ. of California, (2008) 159 Cal.App.4th 449
GRIEVANCE PROCESS MUST ALLOW EMPLOYEE TO INVOKE EQUAL RIGHTS THAT EMPLOYER AND UNION ENJOY

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