Home > Opinions > Schifando v. City of L.A.

Schifando v. City of L.A.

Filed 12/23/03

IN THE SUPREME COURT OF CALIFORNIA

STEVE SCHIFANDO,
Plaintiff and Appellant,
S106660
v.
Ct.App. 2/3 B142999
CITY OF LOS ANGELES,
Los Angeles County
Defendant and Respondent.
Super. Ct. No. BC219557

BY THE COURT:

MODIFICATION OF OPINION
The opinion herein, filed December 1, 2003, appearing at ___ Cal.4th ___
[2003 Cal. Lexis 9268], is modified as follows:
1. On page 10, of the majority slip opinion, delete the first full paragraph
and substitute the following language: “On a final note, we are not concerned that
all public employees, and in particular those employees with a routine
administrative claim for compensation or reinstatement will choose to bypass the
summary and expeditious procedures and remedies the City Charter provides in
order to proceed directly to a jury trial to seek an award of compensatory or
punitive damages.”
2. On pages 11-13, footnote 6, of the majority slip opinion, delete the
footnote as written, and substitute the following language: “One note of caution is
required. In the present action, Schifando filed the FEHA claim only. We

therefore need not decide whether his failure to exhaust the City’s procedures
would have barred any other claim based on the same acts by the City.”
This modification does not affect the judgment.

Opinion Information

Date:	Docket Number:
Tue, 12/23/2003	S106660M

Parties

1	City Of Los Angeles (Defendant and Respondent) Represented by Judith Denise Thompson Ofc City Attorney 200 North Main Street [800 City Hall E.] Los Angeles, CA
2	City Of Los Angeles (Defendant and Respondent) Represented by Marie Therese Mcteague Ofc LA City Attorney 200 N Main Street, Suite 1800 Los Angeles, CA
3	County Of Los Angeles (Amicus curiae) Represented by Elwood Lui Jones Day Reavis & Pogue 555 W 5th St #4600 Los Angeles, CA
4	Employment Lawyers Association (Amicus curiae) Represented by David J. Duchrow 6701 Center Dr W #560 6701 Center Dr W #560 Los Angeles, CA
5	Employment Lawyers Association (Amicus curiae) Represented by Robert Edward Racine Attorney at Law 6701 Center Drive West, Ste. 560 Los Angeles, CA
6	Equal Rights Advocates, Et Al. (Amicus curiae) Represented by Charlotte Fishman 1663 Mission St #250 1663 Mission St #250 San Francisco, CA
7	Grady And Associates (Pub/Depublication Requestor) Represented by Dennis M. Grady Attorney at Law 3111 Camino del Rio N #400 San Diego, CA
8	Regents Of The University Of California (Amicus curiae) Represented by Paul D. Fogel Crosby, Heafey Et Al 2 Embarcadero Ctr #2000 San Francisco, CA
9	Schifando, Steve (Plaintiff and Appellant) Represented by Robert M. Ball Attorney at Law 8447 Wilshire Blvd, Suite 100 Beverly Hills, CA
10	Sixty One California Cities (Amicus curiae) Represented by Arlene Prater Best Best & Krieger 402 W Broadway 13FL San Diego, CA

Disposition
Dec 1 2003	Opinion: Reversed

Dockets
May 9 2002	Received untimely petition for review appellant Steve Schifando w/applctn
May 14 2002	Petition for review filed with permission appellant Steve Schifando
May 16 2002	Received Court of Appeal record 1 doghouse
May 23 2002	Request for depublication (petition for review pending) Dennis M. Grady, Grady and Associates (non-party)
Jun 4 2002	Answer to petition for review filed respondent, City of Los Angeles
Jun 10 2002	Received: amended proof of service for the answer resp City of L.A.
Jun 14 2002	Reply to answer to petition filed appellant Steve Schifando
Jul 10 2002	Petition for Review Granted (civil case) Brown, J., was absent and did not participate.
Aug 6 2002	Certification of interested entities or persons filed
Aug 8 2002	Request for extension of time filed by counsel for appellant Steve Schifando requesting to September 9, 2002 to file the opening brief on the merits. * granted *
Aug 13 2002	Extension of time granted Appellant's time to serve and file the opening brief on the merits is extended to and including September 9, 2002.
Sep 9 2002	Opening brief on the merits filed appellant's
Sep 19 2002	Request for extension of time filed answer brief/merits to 11-8-02
Sep 25 2002	Extension of time granted Respondent's time to serve and file the answer brief on the merits is extended to and including November 8, 2002
Nov 8 2002	Answer brief on the merits filed respondent CITY OF LOS ANGELES
Nov 18 2002	Reply brief filed (case fully briefed) by counsel for appellant Steve Schifando
Dec 6 2002	Request for extension of time filed by The Regents of the University of California (non-party ) requesting an extension to February 7, 2003 to file the application for permisson to file amicus curiae brief.
Dec 9 2002	Extension of time granted The Regents of the University of California time to serve and file the application to file amicus curiae brief is extended to and including February 7, 2003.
Dec 18 2002	Received application to file amicus curiae brief; with brief Equal Rights Advocates in support of petitioner
Dec 18 2002	Received application to file amicus curiae brief; with brief California Employment Lawyers Association supports apellant Stever Schifando [both under same cover]
Dec 18 2002	Received application to file amicus curiae brief; with brief Sixty-One Calif. Cities in support of respondent. (non-party)
Dec 30 2002	Permission to file amicus curiae brief granted Equal Rights Advocates, et al. (non-party)
Dec 30 2002	Amicus Curiae Brief filed by: Equal Rights Advocates, et al. in support of appellant. (non-party)
Dec 30 2002	Permission to file amicus curiae brief granted Sixty-One Calif. Cities. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Dec 30 2002	Amicus Curiae Brief filed by: Sixty-One Calif.Cities in support of respondent.
Dec 30 2002	Permission to file amicus curiae brief granted Calif. Employment Lawyers Assoc. in support of appellant. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Dec 30 2002	Amicus Curiae Brief filed by: Calif. Employment Lawyers Assoc. in support of appellant. (non-party)
Feb 5 2003	Received application to file amicus curiae brief; with brief Regents of the University of Calif. (non-party) in support of respondent.
Feb 7 2003	Permission to file amicus curiae brief granted the Regents of the University of California.
Feb 7 2003	Amicus Curiae Brief filed by: the Regents of the University of California in support of respondent. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Feb 27 2003	Request for extension of time filed to file appellant Steve Schifando's reply to a.c. brief of the Regents of the University of California [ asking to March 27, 2003]
Mar 6 2003	Request for extension of time filed appellant's time to serve and file the reply to amicus brief is extended to and including March 27, 2003.
Mar 28 2003	Response to amicus curiae brief filed from appellant Steve Schifando, response to a.c. brief of The University of California, brief accepted in L.A. with white covers instead of gray. 40K
Apr 23 2003	Change of Address filed for: Atty. Robert M. Ball, counsel for appellant Steve Schifando
May 23 2003	Change of Address filed for: atty Judith D. Thompson for resp City of Los Angeles
Jun 19 2003	Received application to file amicus curiae brief; with brief under separate cover -- County of Los Angeles; declaration of Elwood Lui brief supports respondent City of Los Angeles.
Jun 26 2003	Permission to file amicus curiae brief granted County of Los Angeles
Jun 26 2003	Amicus Curiae Brief filed by: County of Los Angeles in support of Respondent. (non-party) An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Aug 5 2003	Case ordered on calendar 9-3-03, 9am, S.F.
Aug 14 2003	Filed: request of resp City of L.A. to allocate oral argument time to A/C County of L.A. (faxed)
Aug 20 2003	Order filed Permission granted for two counsel to argue on behalf of resp.
Aug 20 2003	Order filed permission granted for resp City of L.A. to allocate 10 min oralargument time to A/C County of L.A.
Aug 22 2003	Filed: appellant's request to divide oral argument with a/c Californkia Employment Lawyers Assn. (20/10)
Aug 22 2003	Filed: App's request to divide oral argument.
Aug 22 2003	Telephone conversation with: applt's office re internal operating procedures do not allow time for oral argument to be divided in segements less than ten minutes. Counsel to resubmit request.
Aug 26 2003	Order filed Permission granted for two counsel to present oral argument for appellant.
Aug 26 2003	Order filed Permission granted for appellant to allocate 10 minutes oral argument time to a/c Calif. Employment Lawyers Association
Aug 27 2003	Received letter from: amicus curiae Los Angeles County re: certain assembly no's. of legislative and executive departments of the state and this court's taking judicial notice of them.
Sep 3 2003	Cause argued and submitted
Oct 7 2003	Received letter from: amicus Los Angeles County
Dec 1 2003	Opinion filed: Judgment reversed and remanded for further proceedings. OPINION BY: Chin, J. -- joined by: George, C.J., Kennard, Werdegar, Moreno, JJ. -- DISSENTING OPINION BY: Baxter, J. -- joined by: Brown, J.
Dec 16 2003	Filed: from counsel for resp. (City of Los Angeles) Request for Clarification of Majority Opinion.
Dec 23 2003	Opinion modified - no change in judgment
Jan 2 2004	Remittitur issued (civil case)
Jan 2 2004	Note: records returned to CA 2/3

Briefs
Sep 9 2002	Opening brief on the merits filed
Nov 8 2002	Answer brief on the merits filed
Nov 18 2002	Reply brief filed (case fully briefed)
Dec 30 2002	Amicus Curiae Brief filed by:
Dec 30 2002	Amicus Curiae Brief filed by:
Dec 30 2002	Amicus Curiae Brief filed by:
Feb 7 2003	Amicus Curiae Brief filed by:
Mar 28 2003	Response to amicus curiae brief filed
Jun 26 2003	Amicus Curiae Brief filed by: