Legal Opinion

Benefield v. DEPARTMENT OF CORRECTIONS & REHABILITATION

California Court of Appeal

Decided January 23, 2009No. H031816PublishedCited by 6 opinions

1Opinion of the Court

Opinion

MIHARA, J.

Appellant, Department of Corrections and Rehabilitation (CDCR), appeals from the trial court’s judgment ordering it to dismiss adverse actions against respondents Ronald Sphar and Robert Martin, and to reinstate them to their employment. CDCR asserts that the trial court erroneously concluded that CDCR violated the Public Safety Officers Procedural Bill of Rights Act (POBRA; Gov. Code, § 3300 et seq.) 1 because the notices of adverse action served on Martin and Sphar bore the signature of someone other than the person who had decided on the level of discipline. We conclude…

2Cases cited4 opinions

  1. Skelly v. State Personnel BoardCalifornia Supreme Court · 1975
  2. Mays v. City of Los AngelesCalifornia Supreme Court · 2008
  3. Sulier v. State Personnel BoardCalifornia Court of Appeal · 2004
  4. Van Winkle v. County of VenturaCalifornia Court of Appeal · 2007

3Cited by6 opinions

  1. Daugherty v. City & Cnty. of S.F., California Court of Appeal, 5th District2018
  2. Earl v. State Personnel BoardCalifornia Court of Appeal · 2014
  3. Ochoa v. Cnty. of Kern, California Court of Appeal, 5th District2018
  4. Brown v. City of SacramentoCalifornia Court of Appeal · 2019
  5. Daugherty v. City & Co. of SFCalifornia Court of Appeal · 2018

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