Latest 2 Cases: Amezcua v. L.A. County Civil Service Commission (Civil Procedure), People v. Romero (Criminal Law)

The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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Amezcua v. L.A. County Civil Service Commission

Docket: B290632(Second Appellate District)

Opinion Date: January 17, 2020

Judge: Kim

Areas of Law: Civil Procedure, Labor & Employment Law

The Court of Appeal affirmed the district court's judgment denying a petition for writ of mandate pursuant to Code of Civil Procedure sections 1085 and 1094.5. Plaintiff alleged that the Department improperly extended his probation; he became a permanent employee 12 months after his hire date; and as a permanent employee, he was entitled to a hearing before discharge. The court held that there was no prohibition against the Department acting unilaterally so long as the other requirements of rule 12.02(B) of the Los Angeles County Civil Service Rules were met; rule 12.02 expressly permits the Department to exclude from the calculation of the probationary period, those times when an employee is absent from duty, and makes no reference as to whether that absence is paid or unpaid; the court interpreted the term "absent from duty" to mean that an employee is missing from his or her obligatory tasks, conduct, service, or functions, arising from his or her position, here, the position of deputy sheriff; and plaintiff failed to articulate what, if any, duties he was required to perform during the period he was on Relieved of Duty status.

People v. Romero

Docket: B293965(Second Appellate District)

Opinion Date: January 17, 2020

Judge: Judith Ashmann-Gerst

Areas of Law: Criminal Law

The Court of Appeal held that sufficient evidence supported defendant's conviction for mayhem where the victim's scarring from the stabbing attack constituted sufficient evidence to support defendant's conviction. The court also held that the abstract of judgment must be corrected to reflect a conviction for mayhem; the trial court did not infringe on defendant's constitutional rights by finding that his prior juvenile adjudication constituted a strike; and remand was necessary for the trial court to impose a sentence on the count 3 great bodily injury enhancement.