In 2021, the city terminated a police officer for cause. Per the Memorandum of Understanding between the city and the police union, the officer had 20 work days to request arbitration. The officer’s attorney and the city confirmed the exact deadline for the officer to request arbitration. The officer informed his attorney of his desire to seek arbitration, but neither of them informed the city until a month after the agreed-upon deadline. The city proceeded to deny the officer’s untimely request to arbitrate.
The terminated police officer then filed a lawsuit seeking to be relieved from his attorney’s negligence and to force the city to arbitrate. LCW successfully defended the city against this lawsuit at the trial court level, at the earliest opportunity, by prevailing on a demurrer without a leave to amend.
The terminated police officer then appealed, arguing that he was entitled to statutory relief from forfeiture and the city was obligated to submit to arbitration. LCW successfully argued before the California Court of Appeal that the statute the police officer had cited was inapplicable. The Court of Appeal agreed and affirmed the judgment for the city.