Stoker v. Bowron

DRAPEAU, J.

By the instant proceeding plaintiff sought a peremptory writ of mandate commanding defendants to reinstate him to the position of sergeant of the Los Angeles Police Department and to compensate him for his services as such.

The petition alleges the employment of plaintiff as a police officer from May 25, 1942, until December 14, 1949, when he was discharged by the chief of police.

In a verified complaint dated July 7, 1949, plaintiff was charged with conduct unbecoming an officer and insubordination. On July 15, a board of rights was convened pursuant to section 202, article XIX of the charter of the city of Los Angeles. On December 12th, said board found plaintiff guilty as charged. On December 14, 1949, the chief of police ordered plaintiff removed from his position with total loss of pay from the date of the complaint.

Pursuant to subdivision 16, section 202,

supra,

plaintiff on March 23, 1951, filed with the chief of police his request for a rehearing. This was denied April

19, 1951.

The instant petition, filed on December 12, 1952, further alleges that the action of the board of rights and- the chief of police “was and is arbitrary, capricious, wrongful, unlawful and not supported by the evidence. ’ ’

Defendants demurred to the petition on the ground it was barred by laches. And argued in support thereof “that petitioner has failed to allege compliance with the requirements of section 112% of the Los Angeles City Charter. ’ ’

Plaintiff appeals from the judgment of dismissal and from the order sustaining defendants’ demurrer without leave to amend.

Appellant states the question for decision here as follows: Must section 112% be read into section 202 as a part of the procedure for removal of appellant from his position in the police department ?

Section 112% of article IX of the charter of the city of Los Angeles (Stats. 1937, p. 2858) provides in part as follows:

“Whenever it is claimed by any person that he has been unlawfully suspended, laid off or discharged, and that such

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