Monsivaiz v. Los Angeles Cnty. Civil Service Comm'n
Annotate this CasePlaintiff was employed as an agricultural inspector aid by the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures. Plaintiff was terminated from his position on February 18, 2010. Plaintiff appealed his discharge to the Civil Service Commission. Following a hearing that took place over a period of days, the hearing officer issued his decision recommending that the discharge be upheld. On December 14, 2011, the Commission issued its final order and decision adopting that recommendation. On March 13, 2012, plaintiff filed a petition for writ of mandate under Code of Civil Procedure sections 1094.5 and 1094.6 contesting the order and seeking reinstatement and back-pay. On January 16, 2013, plaintiff died while the writ proceeding was still pending. Plaintiff’s widow moved, under Code of Civil Procedure section 377.31, for an order deeming her plaintiff’s legal successor in interest and allowing her to maintain the writ proceeding through to completion. The court denied the motion on the grounds the Commission lacked jurisdiction to enforce any order the superior court could issue. The court of appeal affirmed.
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