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| Case Name | Antonio Giusto v. City of San Mateo Personnel Board | |
|---|---|---|
| Date | 12/16/2008 | |
| Note | The City of San Mateo Personnel Board made no error in law when it terminated a police sergeant who filed a workers' compensation claim for job-related stress, but was found by a psychologist to have a personality disorder because of his inability to accept constructive criticism. | |
| Citation | A120144 | |
| WCC Citation | WCC 34682008 CA |
[U] Giusto v. City of San Mateo Personnel Board, No. A120144 (Cal. App. Dist. 1 12/16/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE No. A120144 December 16, 2008 ANTONIO GIUSTO, PLAINTIFF AND RESPONDENT, v. CITY OF SAN MATEO PERSONNEL BOARD, DEFENDANT AND APPELLANT, CITY OF SAN MATEO, REAL PARTY IN INTEREST AND APPELLANT. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Appellants City of San Mateo Personnel Board (Board) and City of San Mateo (City) seek review of the judgment entered following the issuance of a peremptory writ of mandate directing the Board to set aside its decision to terminate the employment of respondent Antonio Giusto. In her letter referring Giusto to Dr. Reynolds, Chief Manheimer provided background information regarding the Department's relationship with Giusto. *fn2 Additionally, Giusto was observed making an obscene gesture during a City Council meeting while a Council member was speaking. (Giusto v. City of San Mateo, A109567 (March 30, 2006) 2006 Cal. App. Unpub.
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