California Court of Appeal

Judgment granting a peremptory writ of mandate on four counts of misconduct is affirmed, where: 1) the Board of Rights deferred to defendant-appellant's determination on the statute of limitations rather than making a decision consistent with its own findings, which did not support its decision; 2) ignorance of the accused officer's identity does not postpone commencement of the one-year limitations period under Government Code section 3304(d)(1), so counts two and three are barred by the statute of limitations; and 3) the discovery rule applies, so the trial court properly determined that count four is time-barred.

Appellate Information

• Decided 08/25/2014
• Published 08/25/2014

Judges

• Chalfant

Court

• California Court of Appeal

Counsel