SMITH v. CITY OF NAPA

No. C044944.

14 Cal.Rptr.3d 908 (2004)

120 Cal.App.4th 194

Jeffrey SMITH, Plaintiff and Appellant, v. CITY OF NAPA, et al., Defendants and Respondents.

Court of Appeals of California, Third District.

Rehearing Denied July 19, 2004.

Review Denied September 22, 2004.


Attorney(s) appearing for the Case

Law Offices of John A. Bloom, John A. Bloom and David L. Matt, Santa Rosa, for Plaintiff and Appellant.

Thomas B. Brown, City Attorney, David C. Jones, Deputy City Attorney; Liebert Cassidy Whitmore, Richard S. Whitmore, San Rafael, Jack W. Hughes, Mountain View; and William J. Gersten for Defendants and Respondents.


Certified for Partial Publication.*

DAVIS, J.

Defendant City of Napa (City) dismissed plaintiff Jeffrey Smith from its fire department after he failed remedial tests of his competency at required skills. On the effective date of his dismissal, he filed an application for a disability retirement. (Gov.Code, § 21150 et seq.)1 While his disability application was pending, the City Council affirmed...

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