Melkonians v. County of Los Angeles CA2/8

Filed 7/9/13 Melkonians v. County of Los Angeles CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

ARA MELKONIANS, B238912

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC456450) v.

COUNTY OF LOS ANGELES,

Defendant and Respondent.

APPEAL from the judgment of the Superior Court of Los Angeles County. Amy D. Hogue, Judge. Affirmed.

Ara Melkonians, in pro. per., for Plaintiff and Appellant.

Gutierrez, Preciado & House and Calvin House for Defendant and Respondent.

_______________________

Plaintiff Ara Melkonians appeals from the trial court‟s judgment of dismissal sustaining the demurrer of the County of Los Angeles (County). This action arises from Melkonians‟s discharge from the Los Angeles County Sheriff‟s Department (Department). The County argues the trial court properly sustained the demurrer because (1) Melkonians did not comply with the prelawsuit claim requirements of the California Government Claims Act (Gov. Code, § 810 et seq.),1 (2) the prelawsuit claim he did file was untimely under the Government Claims Act, and (3) his failure to overturn the administrative decision affirming his discharge bars this lawsuit. We agree with the County that Melkonians did not comply with the administrative claim requirements of the Government Claims Act and need not address the County‟s other contentions as a result. We affirm. FACTS AND PROCEDURE Melkonians began working for the Department as a deputy in 1990. The County discharged Melkonians on or about July 22, 2004. The discharge was based on the allegation that he committed battery on his girlfriend on March 7, 2003. His girlfriend called the Department on March 7, 2003, and reported she had been the victim of a battery. A lieutenant from the Department interviewed her that evening. The Los Angeles County Civil Service Commission (Commission) held an evidentiary hearing regarding Melkonians‟s discharge. The hearing officer found Melkonians had violated provisions of the County‟s manual of policy and procedures by committing domestic violence, violating state law, and behaving in a manner so as to discredit himself and the Department. The hearing officer further found Melkonians‟s discharge was reasonable discipline under the circumstances. On June 21, 2006, the Commission adopted the hearing officer‟s findings of fact and conclusions of law as its final decision. Melkonians then filed a petition for a writ of mandate in the superior court. Based on an independent examination of the administrative record, the court found the weight of