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KOLENDER v. SAN DIEGO COUNTY CIVIL SERVICE

No. D045266.

34 Cal.Rptr.3d 209 (2005)

132 Cal.App.4th 1150

William B. KOLENDER, as Sheriff, etc., Plaintiff and Appellant, v. SAN DIEGO COUNTY CIVIL SERVICE COMMISSION, Defendant and Respondent, Edward Salenko, Real Party in Interest and Respondent.

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

August 22, 2005.

Attorney(s) appearing for the Case

Robert P. Faigin and Sanford A. Toyen, for Plaintiff and Appellant.

Bobbitt Pinckard, Everett L. Bobbitt, Richard L. Pinkard, San Diego, for Real Party in Interest and Respondent.

O'ROURKE, J.

San Diego County Sheriff, William Kolender (the Sheriff), filed a petition for writ of mandate in the superior court and requested it vacate the San Diego County Civil Service Commission's (the Commission) order modifying Sergeant Edward Salenko's penalty from termination to a ninety-day suspension, reinstatement and demotion to the rank of deputy sheriff. (Code Civ. Proc. 1094.5.) The trial court denied the petition because it found substantial evidence...

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