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Monsivaiz v. Los Angeles County Civil Service Commission

California Court of Appeals, Second District, Eighth Division

April 28, 2015

PETER MONSIVAIZ, Plaintiff and Appellant,
v.
LOS ANGELES COUNTY CIVIL SERVICE COMMISSION, Defendant and Respondent COUNTY OF LOS ANGELES DEPARTMENT OF AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES, Real Party in Interest and Respondent.

[As modified Apr. 30 and May 12, 2015.]

APPEAL from an order of the Superior Court of Los Angeles County No. BS136555 Luis A. Lavin, Judge.

Page 237

COUNSEL

Law Office of Esteban Lizardo and Esteban Lizardo for Plaintiff and Appellant.

McMillion & Hirtensteiner, Janine McMillion and Sylvia Havens for Real Party in Interest and Respondent.

Page 238

OPINION

GRIMES, J.

The sole question presented is whether the death of plaintiff and appellant Peter Monsivaiz during the pendency of the underlying writ proceeding divested defendant and real party in interest Civil Service Commission of the County of Los Angeles (Commission) of jurisdiction, thereby mandating a dismissal of plaintiff’s writ proceeding. We conclude that it did, and therefore affirm the court’s order dismissing the writ proceeding with prejudice.

FACTUAL AND PROCEDURAL BACKGROUND

We summarize only those facts germane to the narrow issue presented, and those facts are undisputed by the parties.

Plaintiff was employed as an agricultural inspector aid by real party in interest and respondent County of Los Angeles Department of Agricultural Commissioner/Weights and Measures (County). Plaintiff was terminated from his position on February 18, 2010. Plaintiff appealed his discharge to the Commission.

Following a hearing that took place over a period of days, the hearing officer issued his decision recommending that plaintiff’s discharge be upheld. On December 14, 2011, the Commission issued its final order and decision adopting the hearing officer’s recommendation and sustaining real party in interest’s discharge of plaintiff.

On March 13, 2012, plaintiff filed a petition for writ of mandate pursuant to Code of Civil Procedure sections 1094.5 and 1094.6 contesting the Commission’s final order and decision. Plaintiff’s writ petition sought an order from the superior court directing the Commission to set aside its decision, to reinstate plaintiff ...


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