Reynolds v. City of Los Angeles

COMPTON, J.—I dissent.

In my opinion, on the basis of this record, the majority’s deference to the trial court’s fact finding power is not justified. True, the trial court as the determiner of the credibility of the witnesses, credited Lieutenant Salvino’s testimony as to what occurred in the critical conversation which preceded Reynold’s resignation, but an analysis of that conversation, even as portrayed by Lieutenant Salvino, leads to the inescapable conclusion that Reynolds was the victim of a constructive fraud.

It should be observed at the outset that following the critical conversation…