Fischer v. Bd. of Civ. Serv. Commissioners for LA
Petitioner and appellant Russell Fischer (Fischer) was suspended for 10 days from his job as an electric station operator with the Los Angeles Department of Water and Power (DWP) for violating DWP safety procedures on two separate occasions. He unsuccessfully appealed his suspension to the Board of Civil Service Commissioners (the Board). Fischer petitioned the Superior Court for a writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5, subdivision (a).[1] The Superior Court denied the petition. On appeal, Fischer contends that (1) the trial court erroneously afforded a presumption of correctness to the findings of a DWP investigation that was obviously flawed and prejudicial; (2) the trial court erred under Evidence Code section 412 by crediting an adverse witnesss hearsay testimony over Fischers contrary testimony; and (3) the 10-day suspension was grossly excessive. Court reject each of these contentions and affirm.
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