Apodaca v. County of L.A. CA2/1

Filed 9/20/13 Apodaca v. County of L.A. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

RONALD APODACA, B243393

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS135183) v.

COUNTY OF LOS ANGELES et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. James C. Chalfant, Judge. Affirmed. DePasquale & Cole, Paul R. DePasquale and Russell J. Cole, for Plaintiff and Appellant. John F. Krattli, County Counsel, Joyce M. Aiello, Assistant County Counsel, and Eduardo Montelongo, Deputy County Counsel, for Defendants and Respondents. ___________________________________

Ronald Apodaca was discharged from his employment as a blood gas technician for the Los Angeles County Department of Health Services (DHS or the department) for violating DHS policies regarding conduct toward others. He unsuccessfully appealed his suspension to the Civil Service Commission of the County of Los Angeles (the commission), then petitioned the superior court for a writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5, subdivision (a). The superior court denied the petition. On appeal, Apodaca contends evidence before the commission was insufficient to support his termination. We disagree and affirm. BACKGROUND The facts are undisputed. Apodaca worked at the Harbor UCLA Medical Center. On July 23, 2009, when returning from his lunch break, he got into a dispute with a pedestrian over a parking space. As Apodaca attempted to drive into the space, the pedestrian moved into it and held out his hands to block access, intending to save the space for his wife. Apodaca waved the man away and told him to move, then drove toward him. The pedestrian refused to move, and Apodaca stopped his vehicle “a good foot” away from him. The pedestrian then got down on the ground, claimed Apodaca had hit him, and was transported to the emergency room. Apodaca was arrested by Los Angeles County Sheriff’s deputies but not charged. DHS appointed Patricia Siler to investigate the incident, and on September 10, 2009, she met with Apodaca and his union representative. Siler, formerly a stenographer employed by the County of Los Angeles, asked Apodaca a series of questions and recorded his responses in shorthand, then transcribed her notes within an hour. As quoted in Siler’s interview notes, Apodaca stated: “‘I came back from lunch; I was outside of the PCDC building. There was a person in another car leaving, and they gestured to me if I wanted the parking spot. I nodded back yes. As I was attempting to drive into the spot, a man came and stood in the parking