Baccari City of Long Beach CA2/1

Filed 2/22/22 Baccari City of Long Beach CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FELIPA BACCARI, B308604

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 19STCP01622) v.

CITY OF LONG BEACH et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mary H. Strobel, Judge. Affirmed. Ahrony Appeals Law Group and Orly Ahrony for Plaintiff and Appellant. Charles Parkin, City Attorney, and Gary J. Anderson, Principal Deputy City Attorney, for Defendants and Respondents.

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Appellant Felipa Baccari, a City of Long Beach police officer for more than 19 years, was terminated following her involvement in an off-duty incident of “road rage.” She challenged her termination by way of administrative review (Skelly v. State Personnel Board (1975) 15 Cal.3d 194), then filed a petition for administrative mandate. (Code Civ. Proc., § 1094.5.) Her challenges were both denied, albeit one of the administrative law judges thought the penalty was too severe. Baccari appeals, claiming the punishment doesn’t fit the crime. We disagree and affirm the judgment.

STATEMENT OF FACTS The major incident. Baccari worked for the Long Beach Police Department for more than 19 years. Her termination was based on two incidents, only one of which is relevant to these proceedings.1 The relevant incident occurred on October 5, 2016, at a time when Baccari was not on duty (and not in uniform). She drove her car out of a parking lot, attempting to make a left turn onto Crenshaw Boulevard (a two-way street). She made it as far as the center turning lane but then (when the closest traffic signal changed from red to green) got stuck by oncoming traffic, blocking northbound traffic in the number one lane.