California Court of Appeal

California Dep't of Corr. v. California State Personnel Bd., F048806

In case where defendant dismissed all disciplinary and dishonesty charges against plaintiff's employees for participating in a pyramid scheme wherein the employees lied about knowing of and participating in the scheme, order reinstating dishonesty charges is affirmed as Government Code section 19635 does not bar the disciplinary action. Extensive lying during the investigation that occurred within the statute of limitations of the matter being investigated does not merge with the underlying offense of the pyramid scheme.

Appellate Information

• Decided 02/14/2007
• Published 02/14/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Wendell J. Llopis, for Real Parties in Interest and Appellants.


• For Appellees:
  
• No appearance for Defendant and Respondent., K. William Curtis, Warren C. Stracener, Wendi L. Ross, and Christopher E. Thomas, for Plaintiff and Respondent.