Hughes v. County of San Bernardino

Plaintiff-appellant Robert Hughes, a retired sheriff’s deputy, had his case dismissed when the trial court sustained without leave to amend the demurrer to his amended petition for writ of mandate and administrative mandate. Hughes sought to compel the County of San Bernadino to complete the administrative appeal process of a disciplinary action. Hughes initiated the administrative appeal under the County’s civil service rules, but missed the scheduled hearing after suffering a heart attack. Hughes retired for medical reasons before the hearing could be rescheduled. The County declined to reschedule after Hughes retired, arguing he was no longer an employee entitled to an administrative appeal. Defendant San Bernardino Civil Service Commission (the CSC), after requesting briefing from Hughes and the County, ruled that it had no jurisdiction to continue with the appeal. After review, the Court of Appeal concluded Hughes was entitled to complete his administrative appeal as provided in the County's Personnel Rules. The trial court's order was reversed and the case remanded with directions to enter a new order overruling the County’s demurrer. View "Hughes v. County of San Bernardino" on Justia Law