Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL last minute plane tickets to fort mye

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Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL last minute plane tickets to fort myers fl OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW best western inn of sedona BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney best western inn of sedona for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action last minute plane tickets to fort myers fl against the City of Los Angeles last minute plane tickets to fort myers fl (City)1 brought by two former Los Angeles police officers, best western inn of sedona Andrew best western inn of sedona Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral best western inn of sedona estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs action best western inn of sedona under POBRA is barred because last minute plane tickets to fort myers fl it constitutes best western inn of sedona an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary last minute plane tickets to fort myers fl from the allegations best western inn of sedona of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated best western inn of sedona in the arrest of a suspect following a car and foot chase. best western inn of sedona The same day, the Los Angeles Police last minute plane tickets to fort myers fl Department (LAPD) last minute plane tickets to fort myers fl learned last minute plane tickets to fort myers fl of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal best western inn of sedona Affairs Group, was assigned to investigate best western inn of sedona the alleged last minute plane tickets to fort myers fl misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney s Office for the purpose best western inn of sedona of seeking a determination whether criminal charges should be filed against last minute plane tickets to fort myers fl plaintiffs based on the February 2002 incident. Losorelli last minute plane tickets to fort myers fl met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted last minute plane tickets to fort myers fl in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney s office opened its criminal investigation against plaintiffs that day. POBRA provides best western inn of sedona a one-year statute of limitations for bringing of police misconduct charges. best western inn of sedona The time runs from discovery of the misconduct. ( 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation best western inn of sedona or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending last minute plane tickets to fort myers fl criminal best western inn of sedona investigation. He asked that the period be tolled from his August 15, 2002 meeting last minute plane tickets to fort myers fl with the district attorney s office until the conclusion of the criminal investigation. The criminal investigation was terminated best western inn of sedona last minute plane tickets to fort myers fl on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August last minute plane tickets to fort myers fl 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, best western inn of sedona effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., 1094.5) on December 14, 2004 seeking best western inn of sedona review of their terminations. They alleged that Losorelli furnished a false declaration regarding last minute plane tickets to fort myers fl tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli last minute plane tickets to fort myers fl knew that pursuant to a policy of LAPD and the district attorney s office, only the latter was authorized to open a criminal investigation best western inn of sedona against sworn personnel. According to the complaint, the district attorney s last minute plane tickets to fort myers fl office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: Sergeant Losorelli knowingly and intentionally testified falsely last minute plane tickets best western inn of sedona to fort myers fl that his investigation against plaintiffs was considered a criminal last minute plane tickets to fort myers fl investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally best western inn of sedona testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August last minute plane tickets to fort myers fl 15, 2002. Allegedly, best western inn of sedona with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action with the intent of fraudulently extending the tolling period for criminal investigations authorized by section 3304, subdivision (d) and with the malicious intent to deprive plaintiffs of their rights, and further employment with the LAPD. According to plaintiffs, they discovered Losorelli s wrongful conduct on July 25, 2007, after the administrative last minute plane tickets to fort myers fl mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs petition for writ of administrative mandate was denied by the trial court. The court found the weight last minute plane tickets to fort myers fl of evidence at the administrative best western inn of sedona hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as the main legal issue in the case. The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: The disciplinary action against the petitioners is not barred by the limitations provision of the POBR because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, best western inn of sedona and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year last minute plane tickets to fort myers fl limitation best western inn of sedona period last minute plane tickets to fort myers fl was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d). No appeal was filed from the denial last minute plane tickets to fort myers fl of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint best western inn of sedona in this separate action seeking reinstatement best western inn of sedona on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgm