Legal Opinion

McMillen v. Civil Service Commission

California Court of Appeal

Decided February 6, 1992No. B055902PublishedCited by 20 opinions

1Opinion of the Court

Opinion

BOREN, J.

Appellant, an ambulance driver, was disciplined for failing to meet body weight standards promulgated by the Los Angeles City Fire Department. His petition for relief from the imposition of discipline was denied by the trial court. On appeal, he contends that (1) there was no evidence his weight interfered with his ability to perform his duties, therefore there was no just cause for discipline, (2) his right to challenge the department’s weight standards was not waived by his union’s written agreement to them and (3) the city is required to apply its rules regarding employees…

2Cases cited7 opinions

  1. American National Insurance v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1982
  2. Schmitt v. City of RialtoCalifornia Court of Appeal · 1985
  3. Burrell v. City of Los AngelesCalifornia Court of Appeal · 1989
  4. Hardy v. StumpfCalifornia Court of Appeal · 1974
  5. Phillips v. State Personnel BoardCalifornia Court of Appeal · 1986

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3Cited by20 opinions

  1. Hansen Brothers Enterprises, Inc. v. Board of SupervisorsCalifornia Supreme Court · 1996
  2. Kazensky v. City of MercedCalifornia Court of Appeal · 1998
  3. Cassista v. Community Foods, Inc.California Supreme Court · 1993
  4. Veronese v. Lucasfilm Ltd.California Court of Appeal · 2012
  5. Jackson v. City of Los AngelesCalifornia Court of Appeal · 2003

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