Moore v. City of Los Angeles
Following a hearing before a Board of Rights, appellant Tyrone Moore was removed from his position as a police officer for the City of Los Angeles. Moore filed a petition for administrative mandate pursuant to Code of Civil Procedure section 1094.5, which challenged the sufficiency of the evidence to support his removal. The trial court rejected Moores challenge to the sufficiency of the evidence, as well as an argument that the City violated Moores right to have the investigation into his conduct completed within the one-year statute of limitations found in the Public Safety Officers Procedural Bill of Rights Act (the Act). Moore has abandoned his challenge to the sufficiency of the evidence in this appeal, but he renews his statute of limitations contention. Court conclude that Moores failure to raise the statute of limitations before the Board of Rights, and his failure to seek injunction relief for the alleged violation under Government Code section 3309.5, preclude appellate review of the issue. therefore affirm the judgment of the trial court.
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