City of Calexico v. Bergeson

64 Cal. App. 5th 180, 278 Cal. Rptr. 3d 470 (2021)

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City of Calexico v. Bergeson

California Court of Appeal
64 Cal. App. 5th 180, 278 Cal. Rptr. 3d 470 (2021)

KD

Facts

Hearing officer Robert Bergeson upheld the termination of police officer Rudy Alarcon (plaintiff) by the City of Calexico (city) (defendant). Alarcon and the city both filed petitions for writ of mandate with the superior court challenging Bergeson’s decision. On September 24, 2019, the superior court entered a written order and ruling denying both petitions. The order fully disposed of all matters and did not contemplate any further action, such as preparation of another order or judgment. The clerk mailed a file-endorsed copy of the order and a declaration of mailing to both parties on September 24. On November 7, Alarcon filed a notice of appeal from the order. On November 21, the superior court entered a judgment incorporating the grounds set forth in its September 24 order. The city served Alarcon with notice of the entry of that judgment on November 22. The clerk mailed the city notice of Alarcon’s appeal no later than December 3. The city filed a notice of cross- appeal on January 21, 2020. Acting sua sponte, the California Court of Appeal addressed whether the city’s notice of cross-appeal was timely.

Rule of Law

Issue

Holding and Reasoning (Aaron, J.)

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