KOLENDER v. SAN DIEGO COUNTY CIVIL SERVICE

No. D045268.

34 Cal.Rptr.3d 1 (2005)

132 Cal.App.4th 716

William B. KOLENDER, as Sheriff, etc., Plaintiff and Appellant, v. SAN DIEGO COUNTY CIVIL SERVICE COMMISSION, Defendant and Respondent. Timothy Berry, 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, Sanford A. Toyen, San Diego, CA, for Plaintiff and Appellant.

John Sansone, County Counsel, William Songer, Deputy County Counsel, San Diego, CA, for Defendant-Respondent.

Everett L. Bobbitt, Bobbitt & Pinckard, San Diego, CA, for Real Party in Interest and Respondent.


O'ROURKE, J.

The San Diego County Sheriff, William Kolender (the Sheriff), terminated Sheriff's Deputy Timothy Earl Berry for lying to cover up a fellow deputy's physical abuse of an inmate. Berry appealed to the San Diego County Civil Service Commission (the Commission), which reduced the penalty to a ninety-day suspension. The Sheriff filed a petition for writ of mandate and requested the superior court vacate the Commission's order. (Code of Civ. Pro., § 1094...

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