California Court of Appeal

Trial court order denying plaintiff's petition for writ of mandate seeking to overturn the termination of his employment with the LA County Sheriff's Department is affirmed where: 1) substantial evidence supports the trial court's determination plaintiff's girlfriend's telephone call to the sheriff's station came within the spontaneous statement exception to the hearsay rule; 2) the admission of plaintiff's girlfriend's telephone call to the sheriff's station did not violate Crawford as the statements were non-testimonial; 3) the evidence of plaintiff's misconduct was sufficient to uphold the termination; and 4) the evidence supports the court's finding that the Department gave plaintiff timely notice of the termination proceeding.

Appellate Information

• Decided 06/10/2009
• Published 06/10/2009

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Green & Shinee and Helen L. Schwab, Encino, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of William Balderrama and William Balderrama for Defendants and Respondents.