New CA Employment Case

I help California lawyers get excellent results in four ways:

• I serve as a mediator, arbitrator and referee with ADR Services, Inc. conducting hearings (Zoom and in-person) throughout California. I relentlessly pursue closure as a mediator. As an arbitrator and referee, I preside over relaxed and friendly hearings, carefully review all admitted evidence, and issue fair and impartial decisions. I handle business, employment, insurance (bad faith, coverage, UIM), probate, real property, and tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability, and wrongful death) cases.  
• I provide Master Lawyer Mentoring™ to train lawyers to become excellent trial lawyers and help them prepare for trial, and train associates to quickly become excellent lawyers. 
• I publish California Case Summaries™, preparing one-paragraph summaries, organized by legal topic, of every new civil case published in California each month, quarter and year giving subscribers a competitive advantage to get excellent results. 
• In my Trial Alchemy™ podcast I interview outstanding plaintiff and defense civil trial lawyers, who are members of the American Board of Trial Lawyers, about what works, and what doesn't work in civil jury trials. This is a great way for less experienced lawyers to learn from trial masters to become excellent trial lawyers. 

New CA Employment Case
Did the Merced City Manager Properly Terminate Plaintiff Police Officer?

Last month, the Fifth District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:

Cruz v. City of Merced (2023) _ Cal.App.5th _ , 2023 WL 5949217: The Court of Appeal reversed in part, and affirmed in part, the trial court’s order denying petitioner’s challenge to the decision of the City Manager of respondent to terminate petitioner from the police force, even though the personnel board (Board) had determined, in an appeal of petitioner’s initial termination, that respondent failed to show petitioner had submitted a false police report or had conducted an illegal search, but concluded that petitioner was not truthful in explaining certain details concerning the search and recommended that petitioner be demoted without backpay instead of terminated. The Court of Appeal concluded that the trial court prejudicially erred in applying collateral estoppel to conclusively establish the illegality of petitioner’s search, and concluded there was insufficient evidence that petitioner omitted material facts in his police report. However, the Court of Appeal concluded that substantial evidence supported trial court’s determination that petitioner’s court testimony was untruthful. The case was remanded to the trial court for it to determine, in its independent judgment, whether the surviving charges were insufficient to support petitioner’s termination. (C.A. 5th, filed August 23, 2023, published September 13, 2023.)

Mediation, Arbitration and Referee Services

I help attorneys and their clients throughout California as a mediator, arbitrator and referee at ADR Services, Inc. I handle business, commercial, employment, insurance (bad faith, coverage, UIM), probate, real property, and tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability and wrongful death) cases. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact one of my case manager at ADR services, Ins., Haward Cho, [email protected], (213) 683-1600, or Rachael Boughan, [email protected], (619) 233-1323,  

California Case Summaries™

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
ABOTA Member Since 1995
Past President: San Diego County Bar Assn.
Past President: SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]