Lozada v. City and County of San Francisco

Opinion

KLINE, P. J.

Introduction

Is a public safety officer, when seeking actual damages and civil penalties in addition to declaratory and injunctive relief for alleged violations of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)) required to present a claim to the public entity employer pursuant to the “Government Claims Act” (Gov. Code, § 900 et seq.)? We shall conclude that in this case, where the claims for money and damages pursued by the officer were more than “incidental” to the extraordinary relief sought, the answer is yes.

Police Officer…