California Court of Appeal

In plaintiffs' petition for writ of mandate and complaint for declaratory relief in an action against a county claiming that, as a sworn peace officer employed by the county's probation department and a public safety officer, plaintiff was entitled to an administrative appeal to contest his demotion from a supervisory position during a "promotional" probationary period, judgment in favor of the county is affirmed in part and reversed in part where: 1) trial court's judgment denying the petition for writ of mandate is affirmed as Gov. Code section 3304(b) does not mandate an administrative hearing under the circumstances of this case; but 2) trial court's judgment denying the request for declaratory relief is reversed.

Appellate Information

• Decided 05/17/2010
• Published 05/17/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Silver, Hadden, Silver, Wexler & Levine, Richard A. Levine and Stephen H. Silver for Plaintiffs and Appellants.


• For Appellees:
  
• Ruth E. Stringer, County Counsel, and Carol A. Greene, Deputy County Counsel, for Defendants and Respondents.