RONALD v. CITY OF LOS ANGELES
Filed 6/26/06 (opn. on rehearing)
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| RONALD SANCHEZ, Plaintiff and Appellant, v. CITY OF LOS ANGELES et al., Defendants and Respondents. | B182835 (Los Angeles County Super. Ct. No. BS090130) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
David P. Yaffe, Judge. Reversed and remanded with directions.
Diane Marchant for Plaintiff and Appellant.
Rockard J. Delgadillo, City Attorney, Claudia McGee Henry, Assistant City Attorney, and Gerald M. Sato, Deputy City Attorney, for Defendants and Respondents.
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Plaintiff and appellant Ronald Sanchez (Sanchez), a police officer for the City of Los Angeles Police Department (Department), appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) wherein he challenged the Department's downgrade of his pay grade position from Police Officer III to Police Officer II. Defendants and respondents herein are the City of Los Angeles (the City) and William Bratton, the City's Chief of Police (Chief) (collectively referred to as the Department).
The threshold issue is whether the punitive action of downgrade of Sanchez's position was barred by the one-year statute of limitations (Gov. Code, § 3304, subd. (d))[1] set forth in the Public Safety Officers Procedural Bill of Rights Act (the Act) (§ 3300 et seq). With respect to limitations of actions, the Act provides â€