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Solis v. City of Los Angeles
Appellant, a Los Angeles City Police Officer, appeals from a judgment of the superior court denying in part his petition for administrative mandate pursuant to Code of Civil Procedure section 1094.5. The trial court reviewed the administrative proceedings in which appellant was disciplined by his employer, respondent Los Angeles Police Department (LAPD or Department), and granted partial relief, finding one of the two charges against him barred by the statute of limitations.[1] Appellant contends the trial court should have found both charges barred under the statute of limitations set forth in the Public Safety Officers Procedural Bill of Rights Act (the Act). (Gov. Code, 3300 et seq.) Respondents contend that appellant was required to raise the issue either in the administrative hearing or in a separate court action filed pursuant to section 3309.5. Court agree with respondents and affirm the judgment.

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