Griego v. City of Barstow
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Plaintiff was a captain in the Barstow Fire Protection District. The City of Barstow fired him for criminal and perjurious acts, for willful refusal to comply with official orders, and for setting a poor professional example for his subordinates, as well as for other charges no longer at issue. Plaintiff appealed through nonbinding advisory arbitration. Plaintiff filed a petition for writ of administrative mandate in the superior court. The superior court, exercising its independent judgment as to the City’s findings of misconduct, granted the writ in part and denied it in part
The Second Appellate District reversed the judgment of the superior court with directions to deny Plaintiff’s petition for writ of administrative mandate and to enter judgment for the City of Barstow. The court held that the trial court erred by remanding this case for the City to reconsider Plaintiff’s discipline. The court held that the evidence demonstrated a lack of credibility, reliability, and trustworthiness and were a reasonable basis for the City’s decision to sustain termination.
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