In re Acknowledgment CasesAnnotate this Case
In an attempt to curtail attrition within the Los Angeles Police Department, the City required all newly hired police officers who graduated the Los Angeles Police Academy to reimbuse the LAPD a prorated portion of the cost of training at the Academy if s/he voluntarily left after serving less than 60 months following graduation (and going to work for another law enforcement agency within a year of terminating employment with the LAPD). Officers signed an "acknowledgement" of this reimbursement requirement. This case was a coordinated action involving 43 former officers of the LAPD, all but three of whom were successfully sued by the city for breach of the acknowledgment. On appeal in case No. E058460, the officers contended that the acknowledgement failed as a contract for lack of consideration, but that if there was a contract, it was unenforceable as contrary to multiple state and federal laws. The Court of Appeal agreed in part with appellants’ contention that LAAC section 4.1700 violated Labor Code section 2802, and concluded that, under the particular circumstances of this case, the acknowledgment was entirely void pursuant to Labor Code section 2804. Because these conclusions were dispositive, the Court did not address the remaining issues appellants raised. The Court also affirmed the judgment in favor of the city on appellants’ cross-complaint. While the appeal in case No. E058460 was pending, the city filed an appeal of the trial court’s ruling denying its motion for attorney fees. (Case No. E060572.) The Court of Appeal consolidated the two cases. Because the Court reversed judgment on the city’s complaint and order entry of judgment in favor of all defendants, the Court dismissed dismiss the appeal in case No. E060572 as moot.