New CA Employment Case

employment termination Oct 10, 2023
Did the Merced City Manager Properly Terminate Plaintiff Police Officer?

Last month, the Fifth District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.

New CA Employment Case  

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.)

Civil Litigation Services

I still take a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.

Master Lawyer Mentoring Services

I train attorneys to become excellent trial lawyers, and I train law firm associates to quickly become excellent attorneys. To start working with me email me at [email protected] or call me at (619) 990-4312.

Trial Alchemy™ Podcast

 In my Trial Alchemy Podcast I interview outstanding plaintiff and defense lawyers, who are members of the American Board of Trial Advocates (ABOTA), about what works and what doesn't work in civil jury trials. This is a great way for less experienced lawyers to learn from the masters to become excellent trial lawyers. To hear the most recent podcast episode, click here.   

Mediation, Arbitration and Referee Services

I help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case managers at ADR services, Haward Cho, [email protected], (213) 683-1600, or Rachael Boughan, [email protected], (619) 233-1323.  

Until my next blog post, stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Civil Trial Attorney 
Master Lawyer Mentoring™
Podcaster: Trial Alchemy
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 

To Discuss a Potential Case With Monty:
Email Monty at [email protected]
or call Monty at (619) 990-4312. 


50% Complete

Two Step

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.