LEUNG v. CITY AND COUNTY OF SAN FRANCISCO

No. A144015.

ROBERT LEUNG, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

July 14, 2017.


ORDER MODIFYING OPINION AND DENYING REHEARING AND RELATED REQUEST FOR JUDICIAL NOTICE CHANGE IN JUDGMENT

BY THE COURT:

The opinion filed in this case on June 19, 2017, is hereby ORDERED modified as follows:

(1) On page 2, the first sentence of the paragraph starting with the words, "On appeal," is deleted and the following sentence is added (no change in footnote 1): On appeal Leung argues, and we agree, the judgment should be reversed and the case remanded to the Commission to reconsider the discipline to be imposed on the two sustained charges of misconduct (specifications four and five) as found by the trial court.1 (2) On page 3, lines 1-4, the first full sentence starting with the word, "Consequently," is deleted and the following sentence is added: Consequently, we believe the proper course is to remand the case to the Commission to reconsider the discipline to be imposed on the two sustained charges of misconduct (specifications four and five) as found by the trial court. (3) On page 3, the sentences under the DISPOSITION heading are deleted and the following sentences are added under that heading so that the DISPOSITION is changed to read as follows: The judgment is reversed and the matter is remanded to the superior court with directions to remand the case to the Commission to conduct further proceedings in light of this opinion. Appellant Robert Leung is awarded costs on appeal.

This modification does change the judgment.

The petition for rehearing and the related request for judicial notice are denied.


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