APOSTOLI v. CITY ETC. OF SAN FRANCISCO

Docket No. 23637.

268 Cal.App.2d 728 (1969)

74 Cal. Rptr. 435

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

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

January 10, 1969.


Attorney(s) appearing for the Case

Charles O. Morgan, Jr., for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, and Paul J. Di Noia, Deputy City Attorney, for Defendants and Respondents.


BROWN (H.C.), J.

Benedict Apostoli, a member of the San Francisco Fire Department, appeals from a judgment denying his petition for a writ of mandate. He seeks to set aside a two-day suspension imposed by the chief of the fire department for failure to properly operate departmental equipment resulting in an accident.

Apostoli contends (1) that the fire chief was not empowered to suspend him without a prior hearing; (2) that there was no formal complaint in...

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