Monsivaiz v. County Civil Service Com. (L.A. County Dept. of Ag. Comr.)

PETER MONSIVAIZ,

Plaintiff and Appellant,

v.

CIVIL SERVICE COMMISSION OF THE COUNTY OF LOS ANGELES,

Defendant;

COUNTY OF LOS ANGELES

DEPARTMENT OF AGRICULTURAL

COMMISSIONER/WEIGHTS AND MEASURES,

Real Party in Interest and Respondent.

No. B254859

(Los Angeles County

Super. Ct. No. BS136555)

California Courts of Appeal

Second Appellate District

Division Eight

Filed April 30, 2015

ORDER MODIFYING

THE OPINION

[CHANGE IN JUDGMENT]

THE COURT:

     The opinion in the above-entitled matter filed on April 28, 2015, is modified as follows:

In the caption, delete ?and Respondent? as party designation for Civil Service Commission of the County of Los Angeles and add it after the ?Real Party in Interest? designation for the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures.

Under the counsel listing for McMillion & Hirtensteiner, delete ?Defendant?   and replace it with:  Real Party in Interest.

At page 2, first full paragraph, first sentence, lines 2 and 3, delete ?and respondent.?

At page 2, second paragraph of the Factual and Procedural Background, delete the first sentence beginning with ?Plaintiff was employed as an agricultural inspector aid . . .? and replace with:

Plaintiff was employed as an agricultural inspector aid by real party in interest and respondent County of Los Angeles Department of Agricultural Commissioner/Weights and Measures (County). 

At page 2, last paragraph, delete the third sentence beginning with ?The Commission opposed the motion . . .? and replace with:

The County appeared as real party in interest to oppose the motion, arguing the writ proceeding abated and did not survive the death of plaintiff and that the proceeding had to be dismissed for lack of jurisdiction.

At page 3, line 1, delete ?Commission? and replace it with:  County

At page 3, first paragraph under the Discussion, second sentence, delete the phrase ?by the Commission? after the word ?cited.?

At page 7, under the Disposition, delete the second sentence beginning with ?Defendant and respondent Civil Service Commission . . .? and replace with:

     Real party in interest and respondent County of Los Angeles Department of Agricultural Commissioner/Weights and Measures shall recover costs on appeal.

There is a change in the judgment.

RUBIN, Acting P. J.                       

FLIER, J.                                

GRIMES, J.