Schifando v. City of L.A.
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Filed 12/23/03 IN THE SUPREME COURT OF CALIFORNIA STEVE SCHIFANDO, ) ) Plaintiff and Appellant, ) ) v. ) ) CITY OF LOS ANGELES, ) ) Defendant and Respondent. ) ___________________________________ ) S106660 Ct.App. 2/3 B142999 Los Angeles County Super. Ct. No. BC219557 BY THE COURT: MODIFICATION OF OPINION The opinion herein, filed December 1, 2003, appearing at ___ Cal.4th ___ [2003 Cal. Lexis 9268], is modified as follows: 1. On page 10, of the majority slip opinion, delete the first full paragraph and substitute the following language: On a final note, we are not concerned that all public employees, and in particular those employees with a routine administrative claim for compensation or reinstatement will choose to bypass the summary and expeditious procedures and remedies the City Charter provides in order to proceed directly to a jury trial to seek an award of compensatory or punitive damages. 2. On pages 11-13, footnote 6, of the majority slip opinion, delete the footnote as written, and substitute the following language: One note of caution is required. In the present action, Schifando filed the FEHA claim only. We therefore need not decide whether his failure to exhaust the City s procedures would have barred any other claim based on the same acts by the City. This modification does not affect the judgment.
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