Assn. for L.A. Deputy Sheriffs v. Super. Ct.
CourtCalifornia Court of Appeal
Date FiledOctober 30, 2026
DocketB350110
StatusPublished
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Full Opinion
Filed 10/30/26
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
ASSOCIATION FOR B350110
LOS ANGELES DEPUTY
SHERIFFS et al., (Los Angeles County
Super. Ct. No. 19STCP05186)
Petitioners,
v.
THE SUPERIOR COURT OF
LOS ANGELES COUNTY,
Respondent;
COUNTY OF LOS ANGELES et al.,
Real Parties in Interest.
ORIGINAL PROCEEDING; petition for writ of mandate,
Stephen I. Goorvitch and Alison M. Mackenzie, Judges. Petition
denied.
Rains Lucia Stern St. Phalle & Silver, Jacob A. Kalinski
and Richard A. Levine for Petitioners.
No appearance for Respondent.
Miller Barondess, Mira Hashmall, Eleanor S. Ruth and
Lauren M. Brody for Real Parties in Interest.
____________________________
Petitioners David Jouzi, Benjamin Alvarado, and Dellanira
Aragon are former deputies of the Los Angeles County Sheriff’s
Department (department) who were discharged for alleged
misconduct. They appealed their discharges to the Los Angeles
County Civil Service Commission (commission). While their
appeals were pending, the former deputies executed settlements
with department chiefs that purported to reinstate them to
employment. Real party in interest the County of Los Angeles
(county) refused to comply with these settlement agreements.
Jouzi, Alvarado, Aragon, and a recognized employee
organization (petitioner Association for Los Angeles Deputy
Sheriffs or ALADS) 1 sued the county, seeking enforcement of the
settlements through mandamus, breach of contract, and
promissory estoppel claims, along with a declaration that the
county must comply with settlements executed by the
department during the pendency of commission appeals.
Initially, the trial court sustained the county’s demurrers to
petitioners’ pleading without leave to amend. On appeal, we
reversed and instructed the trial court to grant petitioners leave
to file an amended pleading identifying the legal basis (if any) for
the department’s alleged long-standing view that the Los Angeles
County Sheriff (sheriff) and his subordinates are authorized to
1 We refer to Jouzi, Alvarado, and Aragon collectively as
“deputy petitioners,” and we refer to the deputy petitioners and
ALADS collectively as “petitioners.”
2
settle appeals before the commission without approval of other
county officials. (Association for Los Angeles Deputy Sheriffs v.
County of Los Angeles (2023) 94 Cal.App.5th 764, 771–772, 801,
812 (ALADS I).)
On remand, petitioners filed several amended pleadings,
and the trial court sustained the county’s demurrers to two of
them. The court sustained the county’s last demurrer without
leave to amend. In particular, the court found petitioners failed
to demonstrate that the chiefs executing the settlements were
“acting under authority of the board [of supervisors] or authority
conferred by law” for the purposes of Government Code
section 23005. Petitioners seek appellate review of the dismissal
of their claims.
As an initial matter, petitioners arguably failed to appeal
timely from the trial court’s order of dismissal by instead
appealing from a subsequent judgment entered by the court.
Assuming arguendo petitioners’ appeal is untimely, we exercise
our discretion to treat the appeal as a writ petition because the
trial court’s order sustaining the county’s demurrer to the
operative pleading directed the parties to meet and confer and
submit a proposed judgment of dismissal, thereby apparently
leading petitioners to believe the dismissal order filed
concurrently with the demurrer order was issued in error or was
otherwise not a final appealable judgment. The trial court’s later
issuance of the judgment of dismissal further indicated it may
not have intended for the dismissal order to be a final appealable
judgment. Accordingly, we conclude under the unique
circumstances of this case that the interests of justice would be
better served by treating this arguably untimely appeal as a writ
petition.
3
On the merits, petitioners have not demonstrated that the
sheriff and his subordinates were authorized to bind the county
to the settlements that are before us.
First, we reject petitioners’ assertion that encompassed
within the sheriff’s authority to appoint, suspend, and discharge
department personnel is the power to rescind or modify discipline
during the pendency of civil service appeals. Petitioners’
expansive interpretation of the sheriff’s power is not consistent
with the purpose and structure of the county’s civil service
system. That system is designed to ensure that (1) only
competent individuals are county employees and (2) favoritism
plays no role in the hiring process. Adopting petitioners’ theory
of implied authority would undermine those objectives by
upsetting the careful balance struck by the civil service system’s
delegation of authority to (1) the sheriff, who hires employees
from an eligible civil service list; (2) the director of personnel,
who maintains that list; and (3) the commission, which reviews
employees’ appeals of discipline.
Second, we reject petitioners’ argument that the county is
bound by a department manual provision they claim confers
authority on division chiefs and division directors to settle
commission appeals without the approval of the Los Angeles
County Board of Supervisors (the board of supervisors or board).
Petitioners’ assertion that department management
representatives and ALADS executed an agreement requiring the
adoption of that manual provision is unavailing because
petitioners have not demonstrated that the county authorized
those management representatives to execute that alleged
agreement.
4
Third, we reject petitioners’ contention the county is bound
by its alleged past practice of permitting chiefs and captains to
settle commission appeals because they have not demonstrated
that practice is subject to the collective bargaining requirements
imposed by the Meyers-Milias-Brown Act (MMBA; Gov. Code,
§ 3500, et seq.). 2
Fourth, we conclude that a prior unpublished appellate
decision upholding the validity of a settlement executed by
ALADS and a department official concerning the department’s
procedures for investigating officer-involved shootings does not
collaterally estop the county from contesting the instant
settlements.
We hold the trial court did not err in sustaining the
demurrer as to the contract and mandamus claims because they
are predicated on the validity of the settlements. Petitioners also
fail to show that despite this defect, they can recover on their
promissory estoppel and declaratory relief causes of action.
Lastly, petitioners do not argue the court erred in denying leave
to amend their pleading. In sum, we construe petitioners’ appeal
as a writ petition and deny it.
2 The MMBA “mutually obligates a public employer and an
employee organization to meet and confer in good faith about a
matter within the ‘scope of representation’ concerning, among
other things, ‘wages, hours, and other terms and conditions of
employment[.]’ [Citation.]” (See Claremont Police Officers Assn.
v. City of Claremont (2006) 39 Cal.4th 623, 628 (Claremont Police
Officers Assn.).)
5
FACTUAL AND PROCEDURAL BACKGROUND 3
We summarize only those facts pertinent to this review
proceeding.
1. The initial trial court proceedings and ALADS I
On December 5, 2019, petitioners filed their initial verified
petition for writ of mandate and complaint, alleging three causes
of action for writ of mandate, three causes of action for breach of
contract, three causes of action for promissory estoppel, and one
declaratory relief cause of action. (ALADS I, supra,
94 Cal.App.5th at pp. 772–773.) 4 Petitioners sought enforcement
of the settlements through their mandamus, breach of contract,
and promissory estoppel claims. (See ALADS I, supra,
94 Cal.App.5th at p. 771.) Petitioners also sought a declaration
that the county must comply with the department’s settlements
of commission appeals. (See id. at pp. 797–798.)
3 We derive our Factual and Procedural Background in
part from undisputed aspects of the trial court’s rulings,
admissions made by the parties in their filings, and the county’s
assertions that petitioners do not dispute in their reply brief.
(See ALADS I, supra, 94 Cal.App.5th at pp. 772, fn. 2, 773–774
[employing this approach].)
Our Factual and Procedural Background is also based in
part on our prior opinion in ALADS I. (See People v. Czirban
(2022) 77 Cal.App.5th 1050, 1058, fn. 4 [relying in part on the
Court of Appeal’s prior opinion in summarizing the factual and
procedural history of that case].) We, sua sponte, take judicial
notice of our prior opinion. (Evid. Code, §§ 452, subd. (d), 459.)
4 For the sake of clarity and consistency, we refer to
petitioners’ initial petition for writ of mandate and complaint and
the amendments thereto as petitions.
6
The trial court sustained the county’s demurrer, without
leave to amend, as to the writ of mandate causes of action based
on the court’s ruling that mandamus is not an appropriate
remedy to enforce a contractual obligation against a public entity.
(See ALADS I, supra, 94 Cal.App.5th at p. 774.)
The trial court later sustained the county’s demurrer to the
remainder of the initial petition without leave to amend. (See
ALADS I, supra, 94 Cal.App.5th at p. 774.) The court reasoned
that “the settlement agreements are void because county counsel
did not approve them, and section 21” of the Los Angeles County
Charter (county charter) “confers upon county counsel ‘exclusive
charge and control of all civil actions and proceedings in which
the County or any officer thereof, is concerned or is a party.’ ”
(See id. at pp. 771, 774–775.)
On appeal from the judgment of dismissal, we held
section 21 of the county charter “does not confer upon county
counsel exclusive authority to settle appeals of discipline
decisions pending before the commission,” but we also found
petitioners had not shown that “the sheriff and his chiefs were
authorized to execute on the county’s behalf the settlement
agreements at issue here.” (See ALADS I, supra, 94 Cal.App.5th
at pp. 775, 777.) We concluded that there was “a reasonable
possibility that [the petitioners] could [have] amend[ed] their
initial petition[ ] to establish that the sheriff and his
subordinates have that authority,” and that the trial court erred
in denying leave to amend on petitioners’ mandamus causes of
action. (See id. at pp. 778, 806.) We reversed the judgment and
instructed the trial court to grant petitioners leave to amend as
to most of their claims. (See id. at p. 812.)
7
2. The first amended petition, the second amended
petition, the trial court’s order sustaining the
county’s demurrer to the second amended petition
with leave to amend, the third amended petition, and
the court’s order striking the third amended petition
On February 1, 2024, petitioners filed their first amended
petition. Pursuant to the parties’ stipulation, petitioners filed a
second amended petition on March 26, 2024. On
November 25, 2024, the trial court sustained the county’s
demurrer to the second amended petition with leave to amend.
On January 10, 2025, petitioners filed their third amended
petition. The trial court later struck the third amended petition
because the pleading did not include the names of the deputy
petitioners.
3. The fourth amended petition
On March 24, 2025, petitioners filed their fourth amended
petition.5 The deputy petitioners are former deputies of the
department. ALADS is “a recognized employee organization as
defined in the [MMBA] . . . representing sworn non-management
peace officers employed by the Department and the County
District Attorney’s Office with regard to all matters concerning
wages, hours and working conditions. It brings this action on
behalf of all of its represented employees.”
5 The remainder of our Factual and Procedural
Background, part 3 summarizes certain material and properly
pleaded allegations from the fourth amended petition, which we
assume to be true for purposes of this review proceeding. (See
Standards of Review, post.) We detail additional averments in
our Discussion, post.
8
Petitioners name as defendants and respondents the
county, the board of supervisors, the department, the sheriff, the
county counsel, the director of personnel, and the county’s
auditor-controller. Petitioners do not dispute — and thus tacitly
agree with — the county’s assertion we should treat this matter
as “an official-capacity suit and, therefore, as a suit against the
County alone.” (See also ALADS I, supra, 94 Cal.App.5th at
p. 795, fn. 29 [concluding petitioners impliedly made a similar
admission in ALADS I].)
Each of the three deputy petitioners alleges one cause of
action for writ of mandate (the first, fourth, and seventh causes of
action), one cause of action for breach of contract (the second,
fifth, and eighth causes of action), and one cause of action for
promissory estoppel (the third, sixth, and ninth causes of action).
The tenth cause of action for declaratory relief is brought on
behalf of all four petitioners.
It appears that in or about 2017, each deputy petitioner
was served with a letter of intent to be discharged from
employment. They participated in predeprivation hearings held
pursuant to Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194,
and were subsequently discharged from employment for alleged
misconduct. 6 Each deputy petitioner filed an appeal of his or her
discharge to the commission.
6 “ ‘Skelly [v. State Personnel Bd., supra, 15 Cal.3d 194]
requires that civil service employees be given notice of proposed
disciplinary action, the reasons for the action, a copy of the
charges and the written materials upon which they are based,
and an opportunity to respond either orally or in writing.
[Citation.] A “Skelly hearing” refers to the employee’s
opportunity to respond, and it has been described as an “informal
9
In 2019, while their respective appeals were pending before
the commission, each deputy petitioner entered into a settlement
agreement with a chief of the department, the terms of which
purport to reduce the discipline already imposed and reinstate
the deputy petitioner’s employment. With regard to each of these
settlements, petitioners aver: “Based on information and belief,
the settlement agreement was entered into pursuant to the
authority granted in [department manual of policy and
procedures or MPP section 3-04/020.80]. All conditions precedent
set forth in MPP section [3-04/020.80] were met, including
consulting with the constitutional policing adviser and receiving
the approval of the Undersheriff.” 7
The county thereafter refused to comply with the terms of
the settlements. Although the fourth amended petition does not
detail the circumstances under which Jouzi became aware that
the county “refused . . . to reinstate [him] to his employment with
the County and to provide him with all emoluments of
employment,” the pleading alleges that shortly after their
settlements were executed, Alvarado and Aragon were “advised”
that “County Counsel and/or . . . [the] Director of Personnel
and/or . . . [the] Board of Supervisors vetoed” their settlements.
In its appellate brief, the county asserts that the settlement
“agreements were not approved by the Board of Supervisors . . . .”
probable-cause-type proceeding.” ’ ” (ALADS I, supra,
94 Cal.App.5th at p. 773, fn. 4.)
7 Although these paragraphs from the fourth amended
petition actually refer to “MPP section 3-04/020.080” rather than
MPP section 3-04/020.80, that appears to be a typographical
error. We describe MPP section 3-04/020.80 in further detail in
our Discussion, part B.2, post.
10
Petitioners tacitly concede this point by failing to dispute it in
their reply. (See fn. 3, ante [noting that a party’s failure to
dispute in its reply an assertion raised in the opposing party’s
appellate brief may be deemed an admission thereto].) 8
4. The trial court’s order sustaining the county’s
demurrer to the fourth amended petition without
leave to amend and the dismissal of the action
On July 7, 2025, the trial court sustained the county’s
demurrer to the fourth amended petition without leave to amend.
The court remarked, “The dispositive issue in this case is
whether the chiefs executing the settlement agreements were
acting under the authority of the Board or authority conferred by
law for purposes of Government Code section 23005.” According
to the court, “Petitioners have still not alleged ‘the legal basis (if
any) for the department’s alleged long-standing apparent belief
that its personnel have authority to settle commission appeals on
their own.’ [Citation.]” (Quoting ALADS I, supra, 94 Cal.App.5th
at p. 772.) The court denied leave to amend because “Petitioners
have . . . had three opportunities to identify this authority, and
they have failed to do so each time,” and “none of the discovery”
petitioners obtained from the county “would permit Petitioners to
amend the Fourth Amended Petition successfully.”
8 In ALADS I, we noted that petitioners had not
“contest[ed the county’s] representation that the deputy
[petitioners’] appeals were still pending before the commission
when they filed their [initial] petition[ in the trial court.]” (See
ALADS I, supra, 94 Cal.App.5th at p. 774.) In their briefing for
the instant review proceeding, petitioners do not address whether
the commission appeals were still pending when they filed the
initial petition.
11
On July 7, 2025, which is the date of filing of the order
sustaining the demurrer to the fourth amended petition, the
court also filed an order dismissing the action with prejudice.
(See Discussion, part A, post.) On August 11, 2025, the court
filed a judgment purporting to dismiss the action. (See ibid.) On
October 2, 2025, petitioners filed a notice of appeal seeking
review of the dismissal order and the judgment. (See ibid.
[explaining that petitioners’ appeal is arguably untimely, but
exercising this court’s discretion to treat the appeal as a writ
petition].)
STANDARDS OF REVIEW
In ruling on a demurrer, a court determines whether a
party has alleged facts sufficient to state a cause of action.
(ALADS I, supra, 94 Cal.App.5th at p. 776.) We review the trial
court’s ruling de novo and “ ‘ “ ‘treat the demurrer as admitting
all material facts properly pleaded, but not contentions,
deductions or conclusions of fact or law. [Citation.] . . . .’
[Citation.] . . . . [Citation.]” ’ [Citation.] We also consider
‘matters of which judicial notice can and has been taken.’
[Citation.]” (Ibid.)
We review a trial court’s denial of leave to amend for abuse
of discretion. (Black v. Los Angeles County Metropolitan
Transportation Authority (2025) 116 Cal.App.5th 677, 685.)
Under this standard, the plaintiff has the burden of proving there
exists a reasonable possibility that an amendment would cure the
defect. (Ibid.) If the plaintiff fails to meet that burden, then the
trial court did not abuse its discretion. (Ibid.)
“A judgment or order of a lower court is presumed correct.”
(Hernandez v. Superior Court (1992) 9 Cal.App.4th 1183, 1190.)
To overcome the presumption of correctness, a party must
12
“ ‘ “ ‘ “affirmatively demonstrate error” ’ ” by “ ‘ “supply[ing] the
reviewing court with some cogent argument supported by legal
analysis and citation to the record.” ’ [Citation.]”
[Citations.] . . . ’ [Citation.]” (County of Los Angeles v. Niblett
(2025) 116 Cal.App.5th 454, 462–463 (Niblett).)
Furthermore, an error of state law “ ‘generally does not
warrant reversal unless there is a reasonable probability that in
the absence of the error, a result more favorable to the appealing
party would have been reached.’ [Citation.]” (ALADS I, supra,
94 Cal.App.5th at p. 777.)
DISCUSSION
A. Assuming Arguendo Petitioners’ Appeal Is Untimely,
We Exercise Our Discretion To Treat the Appeal as a
Writ Petition
The county does not contest the timeliness of petitioner’s
appeal. “However, because the timeliness of an appeal poses a
jurisdictional issue, we must raise the point sua sponte and must
consider that question first.” (See Drum v. Superior Court (2006)
139 Cal.App.4th 845, 849 (Drum).) As we explain below,
although petitioners’ appeal is arguably untimely, we exercise
our discretion to reach the merits by treating the appeal as a writ
petition.
“[A] notice of appeal must be filed on or before the earliest
of: [¶] (A) 60 days after the superior court clerk serves on the
party filing the notice of appeal a document entitled ‘Notice of
Entry’ of judgment or a filed-endorsed copy of the judgment,
showing the date either was served; [¶] (B) 60 days after the
party filing the notice of appeal serves or is served by a party
with a document entitled ‘Notice of Entry’ of judgment or a filed-
13
endorsed copy of the judgment, accompanied by proof of service;
or [¶] (C) 180 days after entry of judgment.” (See Cal. Rules of
Court, rule 8.104(a)(1).)
On July 7, 2025, the date on which the trial court had filed
its order sustaining the demurrer to the fourth amended petition
without leave to amend, the court also filed a signed order
dismissing the entire action with prejudice. The record contains
a certificate of mailing indicating that on July 7, 2025, the trial
court clerk served the file-stamped and signed dismissal order on
the parties’ counsel. Yet, in the order sustaining the demurrer,
the court directed “[t]he parties [to] meet-and-confer and lodge a
proposed judgment forthwith.” 9 On August 11, 2025, the trial
court filed a judgment purporting to dismiss the action in its
entirety and designating the county as the prevailing party
“entitled to recover [its] costs from [petitioners] in accordance
with law.” 10 On October 2, 2025, petitioners filed a notice of
appeal seeking review of a “Judgment entered [on]
9 It is unclear whether the trial court filed the dismissal
order before it filed the order sustaining the demurrer to the
fourth amended petition.
10 The judicial officer who signed the judgment was not the
trial judge who sustained the demurrer to the operative pleading
and signed the dismissal order. Additionally, we note that the
following documents are attached to the August 11, 2025
judgment: (1) a July 7, 2025 minute order that (inter alia)
sustained the county’s demurrer without leave to amend and
directed the parties to meet and confer and lodge a proposed
judgment, (2) the signed and file-stamped July 7, 2025 order
sustaining the demurrer, and (3) a certificate of mailing showing
that the trial court clerk served the July 7, 2025 minute order on
counsel for the parties on that date.
14
August 11, 2025 and [an] Order of Dismissal entered [on]
August 11, 2025.” 11
The order dismissing the action with prejudice that was
signed by the trial court and filed on July 7, 2025 appears to
constitute an appealable judgment. (See Roe v. Doe 1 (2023)
98 Cal.App.5th 965, 972 [“An order of dismissal is an appealable
‘judgment’ if it is (i) in writing, (ii) signed by the court, and
(iii) filed in the action.”].) Because the trial court clerk served the
dismissal order on counsel for the parties on July 7, 2025, it
appears petitioners had to file their notice of appeal within
60 days of that date, that is, on or before September 5, 2025. (See
Cal. Rules of Court, rule 8.104(a)(1)(A).) In addition, the trial
court’s filing of the judgment on August 11, 2025 does not seem to
have extended petitioners’ deadline to appeal from the dismissal
order. (See Ellis v. Ellis (2015) 235 Cal.App.4th 837, 842–843
[indicating that a new appeal period starts to run from service or
entry of a revised judgment only if it “ ‘substantial[ly]
modifi[es]’ . . . the [original] judgment”].)
We may treat an untimely appeal as a petition for writ of
mandate “in unusual circumstances” in which “do[ing] otherwise
would be unfair.” (See Drum, supra, 139 Cal.App.4th at pp. 852–
853.) Such is the case here. By (1) filing the dismissal order on
the same date on which the trial court had filed an order
requiring the parties to meet and confer and submit a proposed
judgment and (2) later filing a judgment on August 11, 2025, the
trial court appears to have led petitioners to believe the dismissal
order was issued in error or was otherwise not a final appealable
11 The case register does not indicate that an order of
dismissal was entered on August 11, 2025.
15
judgment. 12 It seems the county had the same belief given that
the trial court signed the proposed judgment submitted by the
county. Accordingly, assuming for argument’s sake petitioners’
appeal is untimely, we exercise our discretion to construe the
appeal as a writ petition. (Cf. Drum, supra, 139 Cal.App.4th at
pp. 847, 851–853 [exercising the reviewing court’s discretion to
excuse a party’s failure to file a timely appeal because that party
relied on an erroneous published decision to the effect that the
orders challenged on appeal were not immediately appealable].)
B. The Contract and Mandamus Claims Fail Because
Petitioners Do Not Demonstrate that the Sheriff and
His Subordinates Were Authorized To Execute the
Settlements
As we explained in our prior opinion, “Government Code
section 23004, subdivision (c) grants the county the power to
‘[m]ake contracts . . . .’ [Citation.] Government Code
section 23005 in turn provides: ‘A county may exercise its powers
only through the board of supervisors or through agents and
officers acting under authority of the board or authority conferred
by law.’ [Citation.] [¶] Thus, the validity of the deputy
[petitioners’] settlement agreements hinges on whether the chiefs
executing them were ‘acting under authority of the board or
12 (See In re The Clergy Cases I (2010) 188 Cal.App.4th
1224, 1233–1234 [“ ‘Generally speaking, only final judgments are
appealable . . . [Citation.]’ [Citation.] . . . [¶] . . . ‘If no issues in
the action remain for further consideration, the decree is final
and appealable. But if further judicial action is required for a
final determination of the rights of the parties, the decree is
interlocutory.’ ”].)
16
authority conferred by law’ for the purposes of Government Code
section 23005.” (ALADS I, supra, 94 Cal.App.5th at p. 794.) We
also noted that petitioners’ contract and mandamus claims fail as
a matter of law unless they can show that “the chiefs were
authorized to enter into the settlements with the deputy
[petitioners] . . . .” (See id. at pp. 795–796.)
Petitioners raise four arguments in support of their
position the chiefs were authorized to execute the settlements:
(1) the sheriff’s power to “settle a disciplinary action that the
Sheriff himself previously imposed on an employee under his
command” is implicit in this county official’s “undisputed
authority . . . to appoint, suspend or discharge his employees,”
and the sheriff may delegate this power to his subordinates;
(2) MPP section 3-04/020.80 “constitutes the lawful delegation by
the Board of Supervisors of authority to the Sheriff [and his
subordinates] for executing binding settlement agreements” of
commission appeals or is a “law” that confers such authority on
department personnel for the purposes of Government Code
section 23005; (3) petitioners have alleged a “binding past
practice of the sheriff’s department of resolving disciplinary
appeals pending civil service commission proceedings” (boldface
& capitalization omitted); and (4) an unpublished Court of Appeal
decision collaterally estops the county from denying the chiefs’
authority to execute the settlements. We address these
contentions seriatim.
17
1. Petitioners fail to demonstrate the
department’s authority over personnel
decisions includes the power to settle
commission appeals
“ ‘The same rules of statutory interpretation that apply to
statutory provisions also apply to local charter provisions[ ]’
[citation]” (ALADS I, supra, 94 Cal.App.5th at p. 779), Civil
Service Rules (see Head v. Civil Service Com. (1996)
50 Cal.App.4th 240, 243–244), and ordinances (see Zubarau v.
City of Palmdale (2011) 192 Cal.App.4th 289, 305). “ ‘When
construing a statute, “our goal is ‘ “to ascertain the intent of the
enacting legislative body so that we may adopt the construction
that best effectuates the purpose of the law.” ’ ” [Citation.]’
[Citation.] Put differently, our objective is to ‘ “ ‘arriv[e] at the
true [legislative] intent existing at the time the legislation was
enacted.’ [Citation.]” [Citations.]’ [Citations.]” (ALADS I, supra,
at p. 779.) “We do not construe th[e] words [of legislation] in a
vacuum but rather consider them in the context of the statutory
framework as a whole.” (See Hirdman v. Charter
Communications, LLC (2025) 113 Cal.App.5th 376, 384.)
Petitioners cite certain provisions of the Government Code,
county charter, county code, and Civil Service Rules for the
proposition that the “Sheriff and his subordinates [have
authority] to take fundamental personnel actions respecting
employees in the Sheriff’s Department,” to wit, the authority to
“appoint, suspend[,] or discharge [department] employees . . . .”
They assert that implicit within those powers to “render
fundamental personnel decisions” is “the right to rescind or
modify . . . previous disciplinary decision[s] based upon facts
discovered during the course of an administrative appeal . . . .”
18
Before addressing this argument, we describe relevant aspects of
the county’s civil service system.
a. The county’s civil service system is designed to
ensure classified employees are competent and
not corrupt
Our high court recently explained, “[Los Angeles] County’s
charter establishes a civil service system and designates all
employment positions as ‘unclassified’ or ‘classified.’ [Citations.]
Elected officials, heads of County agencies, and other identified
executive positions are ‘unclassified,’ with all remaining positions
being ‘classified.’[ 13] [Citation.] By charter, the County ‘has a
formal civil service system . . . for filling classified positions and
fixing the salary and benefits of classified employees.’ [Citation.]
Civil service rules . . . . are . . . designed to prevent favoritism or
corruption by requiring that all employees are uniformly paid
based on their qualifications, job duties, and performance.”
13 Deputy petitioners do not claim to have had
“unclassified” county positions. Instead, petitioners assert in
their opening brief that the three deputy petitioners were
“permanent employees and members of the civil service system of
the County” (italics added), thereby suggesting they were
classified employees. That deputy petitioners appealed their
discharges to the commission further indicates they were
“classified” employees. (See Factual & Procedural Background,
part 3, ante [noting deputy petitioners appealed to the
commission]; see, e.g., L.A. Cnty. Civil Service Rules,
rule 18.02(B) [authorizing “a permanent employee” who “is
discharged” to “request a hearing before the commission”]; id.,
rule 2.24 [defining “[e]mployee” for the purposes of the Civil
Service Rules as “any person holding a position in the classified
service of the county”].)
19
(Los Angeles County Employees Retirement Assn. v. County of
Los Angeles (2026) 20 Cal.5th 292, 314 (Los Angeles County
Employees Retirement Assn.).)
Indeed, the county charter states the “purpose of [the] civil
service system” is, inter alia, to “provide County government with
a productive, efficient, stable, and representative work force by:
[¶] . . . [r]ecruiting, selecting, and advancing employees on the
basis of their relative ability, knowledge, and skills relevant to
the work to be performed[; and] [¶] . . . [r]etaining employees on
the basis of the adequacy of their performance, correcting
inadequate performance, and separating employees whose
inadequate performance cannot be corrected.” (See L.A. Cnty.
Charter, art. IX, § 30, capitalization omitted from first quotation.)
To that end, section 51 of the charter requires county
officers to appoint classified employees “from the eligible civil
service list . . . .” (See L.A. Cnty. Charter, art. XII, § 51.) The
Civil Service Rules confer upon the director of personnel the
responsibility to “[a]dminister the civil service system in
accordance with th[e] Civil Service Rules” (see L.A. Cnty. Civil
Service Rules, rule 3.01(A)), by, among other things,
promulgating and terminating eligible civil service lists (see id.,
rules 10.01 & 10.05). Civil Service Rules, rule 6.04 permits the
director of personnel to “withhold the name of a person from the
eligible list” on one of several grounds, including that the person
is responsible for “conduct not compatible with the requirements
of the position, whether or not it amounts to a crime.” (See L.A.
20
Cnty. Civil Service Rules, rule 6.04(D).) 14 The director of
personnel is also authorized to consider an appeal from “[a]n
employee who is suspended for up to five days . . . .” (See L.A.
Cnty. Civil Service Rules, rule 18.01(C).)
Additionally, as we noted in our prior opinion, section 34 of
the charter confers upon the commission authority to act as “ ‘an
appellate body . . . as provided in the Civil Service Rules . . . .’ ”
(See ALADS I, supra, 94 Cal.App.5th at p. 789, quoting L.A.
Cnty. Charter, art. IX, § 34.) The Civil Service Rules, inter alia,
authorize the commission to hear permanent employees’ appeals
of discharges and reductions in rank, grade, or compensation.
(See L.A. Cnty. Civil Service Rules, rule 18.02(A)–(C).) The rules
also indicate that the commission may hear an employee’s
challenge to a suspension in excess of five days. (See, e.g., id.,
rules 4.03(A) & 4.05(A)(1).)
b. Petitioners’ implied authority theory is
inconsistent with the purpose and structure of
the county’s civil service system
Petitioners argue that a provision of the County Civil
Service Enabling Law (Gov. Code, § 31100 et seq.) requires a
county that has adopted a civil service system to enact an
ordinance providing that “[a]ny officer or employee in the
14 The version of Civil Service Rules, rule 6.04(D) that was
in effect in 2019 (i.e., when each deputy petitioner’s settlement
was purportedly executed) likewise authorized the director of
personnel to withhold a person’s name from the eligible list if
that person was “guilty of conduct not compatible with county
employment, whether or not it amounts to a crime.” (See L.A.
Cnty. Ord. No. 88-0020 § 1 (part), 1988.)
21
classified civil service may be dismissed, suspended, or reduced in
rank or compensation by the appointing authority . . . by a
written order, stating specifically the reasons for the action.”
(Gov. Code, § 31108, subd. (a)(1).)
Petitioners contend that county charter sections 12 and 51;
Civil Service Rules, rule 2.03; and county code section 2.02.100 in
turn establish that the sheriff is an “appointing power” and
“appointing officer” with the power to appoint persons to
positions within the department. 15 Petitioners further maintain
that Civil Service Rules, rule 18.01(A) authorizes the “appointing
power” to suspend an employee, and rule 18.02 permits the
“appointing power” to discharge subordinates from county service
or reduce them in grade or compensation.16 They also assert the
15 Section 12 of the county charter identifies the sheriff as
an elective county officer (see L.A. Cnty. Charter, art. IV, § 12),
and section 51 provides that a county officer “shall appoint, from
the eligible civil service list, for either permanent or temporary
service, all . . . deputies . . . and other persons in the office or
department of such officer” (see L.A. Cnty. Charter, art. XII,
§ 51). Civil Service Rules, rule 2.03 defines “ ‘[a]ppointing
power’ ” as “the person, board, or commission having authority to
make appointments to a position” (see L.A. Cnty. Civil Service
Rules, rule 2.03), and county code section 2.02.100 similarly
defines “ ‘[a]ppointing officer’ ” as “the officer, board, commission
or body having power of appointment to any position in the
service of the county” (see L.A. Cnty. Code, § 2.02.100).
16 Civil Service Rules, rule 18.01(A) provides in relevant
part: “Subject to such appeal right as provided in this Rule, an
employee may be suspended by the appointing power for up to
and including 30 days, pending investigation, filing of charges
and hearing on discharge or reduction, or as a disciplinary
22
following ordinance empowers the sheriff to delegate to his
subordinates authority to settle disciplinary appeals pending
before the commission: “An appointing officer as defined in
Section 2.02.100 of this chapter may delegate to subordinates the
exercise of judgment or discretion to impose discipline or take
any other personnel action on behalf of the appointing officer.”
(L.A. Cnty. Code, § 2.04.070.)
Petitioners argue “the ability to settle a disciplinary action
that the Sheriff himself previously imposed on an employee
under his command . . . is . . . necessarily incidental to powers
expressly otherwise granted the Sheriff or his designees under
the above-referenced rules and regulations.” They also contend,
“[T]here is no reasonable basis for the conclusion that the
legislative body of the County has withheld authority from [the]
Sheriff to settle disciplinary cases pending Civil Service
Commission appeal” because absent that authority, the sheriff
could not “rescind or modify his previous disciplinary decision
based upon facts discovered during the course of an appeal from
such decision.”
We acknowledge the facial appeal of petitioners’ position.
At first blush, one would expect that a government official
measure.” (L.A. Cnty. Civil Service Rules, rule 18.01(A).) As
pertinent here, Civil Service Rules, rule 18.02 states, “Before [a]
discharge or reduction [of a permanent employee] shall become
effective, the employee shall receive a written notice from the
appointing power of intent to invoke discharge or reduction, and
specific grounds and particular facts therefor. The employee
shall then be allowed a reasonable time, not to exceed 10 days, to
respond orally or in writing to the appointing power before the