HULINGS v. STATE DEPT. OF HEALTH CARE SERV.

No. C054145.

72 Cal.Rptr.3d 81 (2008)

159 Cal.App.4th 1114

Alberto HULINGS, Plaintiff and Respondent, v. STATE DEPARTMENT OF HEALTH CARE SERVICES, Defendant and Appellant.

Court of Appeal of California, Third District.

February 5, 2008.


Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, and Vincent J. Scally, Jr., Deputy Attorney General, for Defendant and Appellant.

Kasey Christopher Clark, Chief Counsel, and Lawrence J. Friedman, Senior Legal Counsel, for Plaintiff and Respondent.

Anthony M. Santana, Sacramento, for California Association of Highway Patrolmen, Amicus Curiae, on behalf of Plaintiff and Respondent.


MORRISON, J.

Alberto Hulings had permanent status as a fraud investigator with the Department of Health Services, a position designated as a peace officer. He laterally transferred to a position as investigator for the Department of Consumer Affairs, also a peace officer designation. He was rejected on probation from the new position and sought mandatory reinstatement to his former position. Three months after being reinstated, Hulings was told he must undergo a new...

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