DORNER v. LOS ANGELES POLICE DEPARTMENT
Court of Appeals of California, Second District, Division Four.
Filed October 3, 2011.
There is substantial evidence in the record to support the Board's finding. The Board simply found appellant not credible and thus implicitly found Sergeant Evans credible. Credibility determinations are within the province of the trier of fact. (Fierro, supra, 180 Cal.App.4th at p. 1347.)DISPOSITION
The judgment of the trial court, denying appellant's petition for a writ of administrative mandamus, is affirmed. Respondents shall recover their costs on appeal.
MANELLA, J. and SUZUKAWA, J., concurs.
1. At the time of the hearing, he was a captain with the Lompoc Police Department.
2. Appellant left for a 13-month military deployment shortly after his graduation from the police academy.
3. Because we find the findings supported by substantial evidence, we need not consider respondents' assertion that appellant waived the substantial evidence issue.