Vick v. Patterson

DRAPER, J.

In 1954 plaintiff, a San Francisco fireman, was employed by defendants as an announcer of Pacific Coast League baseball games televised from Oakland and San Francisco. This work was part-time only. Plaintiff was required to work only during each game and for a short time before it.

[416]

No Saturday or Sunday games were televised. After he had worked for two weeks at an agreed salary which was paid, he and defendants entered into an oral contract for his services for the remainder of the season. Plaintiff performed the agreed duties through August 27, when television of the Oakland games ceased. He then requested payment of the reasonable value of Ms services which, in Ms view, defendants had agreed to pay. Defendants maintained that he had agreed to work for nothing. This action followed, and jury verdict was in favor of plaintiff for $1,200.

Throughout the period he worked for defendants, plaintiff continued in the employ of the San Francisco Fire Department. At trial, defendants sought to introduce rule 447 of that department, providing: “Members shall devote their time and attention to the best interests of the Department. They shall at no time engage in any activities that may interfere with the efficiency of the fire service, nor shall they actively participate in any other gainful occupation.” Objection to this offer was sustained. Upon entry of judgment on the verdict, defendants moved for judgment notwithstanding the verdict and, in the alternative, for new trial. The motion for judgment notwithstanding the verdict was denied, but that for new trial was granted, upon the sole ground of error in sustaining objection to the offer of rule 447. Plaintiff appeals from the order granting new trial. Defendants assert error in the denial of judgment notwithstanding verdict, as they are permitted to do (Code Civ. Proc., § 629;

Estate of Green,

25 Cal.2d 535, 545 [154 P.2d 692]).

Thus the sole question on this appeal is the relevancy of rule 447 of the fire department.

Defendants first contend that the rule and the fact of its violation by plaintiff were admisisble because they go to the issue of his credibility. They argue that if he in fact contracted for compensation for his television work “he was a disloyal employee” of the fire department, and thus not to be believed. If sound, this argument would permit examination into loyalties to private employers, friends, family and an infinite number of relationships not relevant to the issue of credibility. At most, the disputed rule would show specific wrongdoing, which is not a proper basis for attack upon credibility