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SCHMITT v. CITY OF RIALTO

Docket No. 33128.

164 Cal.App.3d 494 (1985)

210 Cal. Rptr. 788

MARTIN SCHMITT, Plaintiff and Respondent, v. CITY OF RIALTO et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Two.

January 16, 1985.

Attorney(s) appearing for the Case

COUNSEL

Robert G. Koch, Jr., City Attorney, Cotkin, Collins, Kolts & Franscell, Glenda Sue Bourdon, George J. Franscell and Jeffrey M. Epstein for Defendants and Appellants.

Silver, Kreisler, Goldwasser & Shaeffer, Stephen H. Silver and Cynthia Saffir for Plaintiff and Respondent.

OPINION

KAUFMAN, J.

Plaintiff Martin Schmitt was discharged as a police officer of the City of Rialto. He sought a writ of mandate (Code Civ. Proc., § 1094.5) to have his discharge set aside. The superior court granted the writ, and the city1 appeals. We reverse.

BACKGROUND FACTS

The administrative proceedings leading up to plaintiff's discharge relate to two alleged incidents of...

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