Legal Question in Administrative Law in California

I am a retired police officer. I am going to a good cause hearing PC12027.1 the city is going to use reports from a doctor the has 2 felony convictions for pergury and a medly of other sanctions etc. how ca I keep the city from useing the reports. I have no attorney. I am in bakersfield ca.


Asked on 8/10/10, 10:03 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are a few interesting cases discussing and interpreting PC 12027.1 that I think you should look up and read if you are going into this good cause hearing unrepresented. However, the particular issues you raise - questioning the credentials, impartiality, etc. of the other side's expert witness - really calls for lawyer skills, particularly since the City will have a lawyer who will object to your cross-examination on technical grounds.

In the past, it looks to me as though the police labor unions have provided much of the opposition to PC 12027.1, and I suggest talking with your union or former union to see if it will either furnish, or help you find, good legal representation.

The cases you should look up and read (at the Kern County Law Library) include: Sommerfield v. Helmick (1997) 57 Cal.App.4th 315, and Knapp v. City of Gardena (1990) 221 Cal.App.3d 344.

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Answered on 8/15/10, 11:25 am
Daniel Bakondi The Law Office of Daniel Bakondi

Ideally, you would have a better expert. Why didnt you have your certificate and what is this doctor going to testify to? I dont know the facts of your situation, so I cant know what is relevant to your case, and thus admissible. Were you denied your certificate or just fail to have one for an administrative reason?

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 8/15/10, 7:52 pm


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