Tuesday, May 12, 2015

Writ Petition Does Not Survive the Petitioner

Monsivaiz v. Civil Serv. Comm’n of the Cnty. of L.A., No. B254859 (D2d8, as further modified May 12, 2015)

While his petition for a writ ordering the LA Civil Service Commission to reinstate his job as an agricultural inspector was pending, petitioner died. His wife tried to sub in has his successor in interest. The trial court denied relief, finding that since its only power in mandamus was to order the commission to reinstate, it could not award the wife any relief cognizable on a writ, and thus that it lacked jurisdiction.  The court here affirms.  The wife might have a claim for back pay. But that wasn’t properly addressed on a writ to the Civil Service Commission, whose authority was limited to ordering the petitioner reinstated. Which is of course impossible, because he is dead.


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