Fear Not Law Articles: Smith v. Hayes-White

Smith v. Hayes-White

Filed 8/1/06 Smith v. Hayes-White CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION TWO

KEVIN SMITH, et al.,

Plaintiffs and Appellants,

JOANNE HAYES-WHITE, et al.,

Defendants and Respondents.

A111672

(San Francisco County

Super. Ct. No. 505104)

I. INTRODUCTION

Appellants Kevin Smith et al. filed a petition for writ of mandate in which they alleged that respondent Joanne Hayes-White, the Chief of San Francisco's Fire Department (Department), failed to enforce substance abuse policies of the City of San Francisco and the San Francisco Fire Department. Hayes-White, and respondents the Department and the City of San Francisco (City) demurred. The trial court sustained, without leave to amend, this demurrer, holding that mandamus would not lie to compel the enforcement of Department and City substance abuse policies. Appellants contend the trial court erred in reaching this conclusion. They also argue that the trial court abused its discretion when it refused to allow them to file an amended petition. Finding no error, we affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Parties

Appellants' petition alleges that they are members and officers of the Department, residents of the City and County of San Francisco and/or visitors to the City. According to the petition, each of them has been harmed or is threatened with greater harm as a result of the use of alcohol and drugs by on-duty San Francisco firefighters.

Respondent Joanne Hayes-White is the Chief of the Department.

B. The City's Drug Free Workplace Ordinance and Policies Enacted Pursuant to

the Ordinance

1. The City's Drug Free Workplace Ordinance

The San Francisco Drug Free Workplace Ordinance (S.F. Mun. Code, § 4001, et seq.) (the Ordinance), provides that San Francisco employers â€

Description	A petition for writ of mandate in which Appellants alleged that respondent, the Chief of San Francisco's Fire Department (Department), failed to enforce substance abuse policies of the City of San Francisco and the San Francisco Fire Department. The trial court sustained, without leave to amend, this demurrer, holding that mandamus would not lie to compel the enforcement of Department and City substance abuse policies. Appellants contend the trial court erred in reaching this conclusion. They also argue that the trial court abused its discretion when it refused to allow them to file an amended petition. Finding no error, Court affirm.
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