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FLIPPIN v. CITY BD. OF CIVIL SERVICE COM'RS

No. B187388.

55 Cal.Rptr.3d 458 (2007)

148 Cal.App.4th 272

Kenneth FLIPPIN, Plaintiff and Appellant, v. LOS ANGELES CITY BOARD OF CIVIL SERVICE COMMISSIONERS, Defendant and Respondent; Los Angeles City Department of Water And Power, Real Party in Interest and Appellant.

Court of Appeal of California, Second District, Division Two.

March 1, 2007.

Attorney(s) appearing for the Case

Posner & Rosen, Michael Posner and Jason C. Marsili, Los Angeles, for Plaintiff and Appellant.

Rockard J. Delgadillo, City Attorney, Richard M. Brown, General Counsel, and Wendy K. Genz, Deputy City Attorney for Real Party in Interest and Appellant.

No appearance for Defendant and Respondent.

CHAVEZ, J.

Appellant and cross-respondent Los Angeles Department of Water and Power (the DWP) discharged petitioner, respondent, and cross-appellant Kenneth Flippin (respondent) from his employment as a truck driver after he was found sleeping in a hammock beneath a DWP truck on a public street during work hours. Respondent appealed the DWP's decision, and a majority of the Los Angeles City Board of Civil Service Commissioners (the Board), sustained the penalty after...

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