Benach v. County of Los Angeles
This appeal is the latest flare-up in litigation that began in 1993 when appellant Deputy Sheriff Francisco Benach was fired by respondent Los Angeles County Sheriffs Department (Department), after he allegedly assaulted another deputy. This appeal involves the Departments alleged breach of an agreement resolving litigation that arose out of that and other incidents. It also involves a violation of the Public Safety Officers Procedural Bill of Rights Act (POBR), Government Code section 3300, et seq. allegedly committed by the Department by virtue of an involuntary transfer of Benach from the bureau where the Departments pilots are based.
The trial court found no violation of the POBR, and granted the Departments motion for summary adjudication. The court also found that the gist of Benachs action sought equitable relief, and denied his request for a jury trial on claims for breach of contract and breach of the covenant of good faith and fair dealing. Trial was conducted over a span of about three months, after which the court found in favor of the Department on both claims, and subsequently awarded costs to the Department. Benach filed these appeals, which we consolidated.
On the appeal from the judgment, Court find no error and affirm. Summary adjudication was properly granted on the cause of action for violation of the POBR, a jury trial was properly denied on contract related claims seeking primarily equitable relief, and Benach failed to prove the Department breached the settlement agreement in any respect. Regarding the cost award, Court affirm in part and reverse in part.
Comments on Benach v. County of Los Angeles