Fischer v. Bd. of Civil Service Commissioners
Filed 6/6/08 Fischer v. Bd. of Civil Service Commissioners CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
RUSSELL FISCHER, Petitioner and Appellant, v. BOARD OF CIVIL SERVICE COMMISSIONERS FOR THE CITY OF LOS ANGELES, Respondent, DEPARTMENT OF WATER AND POWER, Real Party in Interest. | B199783 (Los Angeles County Super. Ct. No. BS103285) MODIFICATION ORDER [NO CHANGE IN JUDGMENT] |
The opinion filed May 14, 2008, is hereby modified as follows:
1. On page 16, strike the following text: [h]earsay evidence may be admitted for any purpose, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. (Los Angeles County Civil Service Rules, rule 4.10(B), Los Angeles County Code tit. 5, app. 1, p. 5-203 (Civil Service Rules).)
Replace the text so stricken with the following:
[h]earsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. (Rules of the Board of Civil Service Commissioners, 12.7, p. 49 (Civil Service Rules).)
2. On page 17, strike the following text:
see Civil Service Rules, rule 4.10(A), p. 5-203 [The hearing shall be formal, but need not be conducted according to technical rules relating to evidence and witnesses].)
Replace the text so stricken with the following:
see Civil Service Rules, 12.7, p. 49 [The hearing need not be conducted according to technical rules relating to evidence and witnesses].)
3. On page 17, strike the following text:
(See Civil Service Rules, rule 4.07(A)(3), p. 5-202 [petitioner has right to subpoena witnesses].)
Replace the text so stricken with the following:
(See Civil Service Rules, 12.3, p. 48 [hearings to be conducted pursuant to City of Los Angeles Administrative Code sections 19.29 through 19.35]; 3 City of Los Angeles Administrative Code 19.33, p. 19-15 [hearing examiner shall issue and serve subpoena for attendance of witnesses upon written demand of any party].)
This modification does not change the judgment.
TURNER, P.J. MOSK, J. ARMSTRONG, J.
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