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Benetiz v. City of Montebello

September 27, 2010

KENNY BENETIZ, PLAINTIFF,
v.
CITY OF MONTEBELLO, DEFENDANT.



The opinion of the court was delivered by: Manuel L. Real United States District Judge

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. Plaintiff, KENNY BENETIZ is a member of the Marine Corps, and is currently on individual ready reserve.

2. Plaintiff was an active member of the Marine Corps from August 2002 through November 2006 and was placed on individual ready reserve after his active duty.

3. Plaintiff remained on individual ready reserve until around August 2010.

4. Plaintiff was hired by the Defendant, CITY OF MONTEBELLO, as a police trainee in March 2007.

5. In May 2007 Plaintiff graduated from the police academy.

6. Plaintiff was hired by the City as probationary police officer in or around June 2007.

7. In or about 2008, Plaintiff was notified by the Marine Corps that he was being activated for military service.

8. Plaintiff immediately notified the City about his military activation.

9. In or about January 2009, Plaintiff began his military leave of absence from the City.

10. Plaintiff was deployed to the war zone in Iraq in January 2009.

11. Plaintiff received two thirty day periods of paid military leave beginning in January 2009 and then in July 2001. The remainder of the time he was on active duty, Plaintiff received differential pay.

12. Plaintiff returned to employment with the City on October 27, 2009.

13. Plaintiff has impeccable personnel records and he has performed effectively and ...


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