Legal Opinion

Barber v. Long Beach Civil Service Commission

California Court of Appeal

Decided April 30, 1996No. B093127PublishedCited by 30 opinions

1Opinion of the Court

Opinion

VOGEL (Miriam A.), J.

In a context where the major underlying issue was one of credibility, Long Beach Police Officer Albert Barber was fired and his termination was sustained by the Long Beach Civil Service Commission. Barber’s petition for a writ of administrative mandate was then denied by the trial court based upon the erroneous view that, notwithstanding the trial court’s obligation to exercise its independent judgment, it could not consider the issue of credibility. We reverse.

Facts

On August 7, 1992, Tricia McCabe collided with a parked car. Paramedics took McCabe to the Long…

2Cases cited14 opinions

  1. Bixby v. PiernoCalifornia Supreme Court · 1971
  2. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  3. Pasadena Unified School District v. Commission on Professional CompetenceCalifornia Supreme Court · 1977
  4. Arenstein v. California State Board of PharmacyCalifornia Court of Appeal · 1968
  5. Chamberlain v. Ventura County Civil Service Com.California Court of Appeal · 1977

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3Cited by30 opinions

  1. California Ass'n of Health Facilities v. Department of Health ServicesCalifornia Supreme Court · 1997
  2. Kazensky v. City of MercedCalifornia Court of Appeal · 1998
  3. Wences v. City of Los AngelesCalifornia Court of Appeal · 2009
  4. Malibu Mountains Recreation, Inc. v. County of Los AngelesCalifornia Court of Appeal · 1998
  5. Alberda v. Board of Retirement of Fresno County Employees' Retirement Ass'nCalifornia Court of Appeal · 2013

25 more not listed; retrieve them via the Exa API.

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