Opinion

Paterson v. City of Los Angeles

  • 174 Cal. App. 4th 1393
  • 95 Cal. Rptr. 3d 333
  • 29 I.E.R. Cas. (BNA) 755
  • 2009 Cal. App. LEXIS 963
Court
California Court of Appeal
Filed
Jun 16, 2009
Status
Published
Author
Mosk
On the bench
Armstrong, Mosk
Cited by
14 cases
Authority
More cited than 10.0%

The opinion

MOSK, J., Concurring.

I concur.

The question of whether a “sick check” or question asked constituted an investigation or interrogation subject to the protections of Government. Code section 3303 was not a ground upon which the summary judgment motion was made or the summary judgment was rendered. On appeal, the City of Los Angeles seems to suggest that a sick check automatically falls under the exemption provided for in Government Code section 3303, subdivision (i) (Gov. Code, § 3303 rights do “not apply to any interrogation of a public safety officer in the normal course of duty ... or other routine . . . contact with . . . any other public safety officer”).

*1406 As the facts submitted by plaintiff show, this suggestion is not correct. But not every “sick check” qualifies as the type of investigation or interrogation that would make applicable the rights under Government Code section 3303. Whether there was a violation in this case, and, if so, what the appropriate remedy should be are matters to be determined by the trial court. (See Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1602 [ 55 Cal.Rptr.2d 460 ]; DiPirro v. Bondo Corp. (2007) 153 Cal.App.4th 150 [ 62 Cal.Rptr.3d 722 ].)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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