Bishop v. City of Los Angeles

Filed 5/2/06 Bishop v. City of Los Angeles CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of Los Angeles County. David Yaffe, Judge. Affirmed.

Diane Marchant for Plaintiff and Appellant.

Rockard J. Delgadillo, City Attorney, Claudia McGee Henry, Senior Assistant City Attorney, and Gerald M. Sato, Deputy City Attorney, for Defendants and Respondents.

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SUMMARY

A police detective filed a petition for writ of mandate seeking an order compelling the City of Los Angeles and its police chief to set aside its decision to suspend the detective for 65 days, claiming the investigation of three counts of misconduct against him was not completed within one year of discovery as required. He further claimed he was not timely notified of the decision to impose discipline. The trial court denied the detective's petition and entered judgment against him. We affirm.

FACTUAL AND PROCEDURAL SYNOPSIS

Stephen Bishop, a detective with the Los Angeles Police Department, contacted his Watch Commander (Sergeant Christopher Vasquez) by telephone and reported his involvement with deputies from the Santa Clarita sheriff's station after an incident with his daughter at a movie theater. He said his daughter and her friend had been kidnapped by theater management because of what the theater personnel had thought was counterfeit money. He went to the theater to make an inquiry as to whom was involved. When theater personnel were not cooperative he said he was going to call the Santa Clarita Sheriff's Department. When the Sheriff's Department responded, he identified himself in an effort to explain his concerns, but they ignored him and went to speak with theater personnel.

Bishop said there was an agreement for the Sheriff's Department to go to the movies there so the theater personnel were receiving preferential treatment. He said he asked to speak to a supervisor because the responding deputies were not taking appropriate action. Bishop said he intended to file a personnel complaint against the Sheriff's Department because of the way he had been treated. He described the incident as a â€