Modification: Griego v. City of Barstow

JESSE GRIEGO,

Plaintiff and Respondent,

v.

CITY OF BARSTOW,

Defendant and Appellant.

No. B322638

San Bernardino County

Super. Ct. No. CIVDS1936454

California Court of Appeal

Second Appellate District

Division Eight

Filed January 30, 2023

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

[NO CHANGE IN

JUDGMENT]

THE COURT:

IT IS ORDERED that the opinion in the above-entitled matter filed on January 3, 2023, be modified as follows:

On page 2, the second paragraph of part I is deleted and is replaced with the following paragraph:

In 2007, the Fire District issued a memorandum to its captains directing personnel not to attend sporting events while on duty.  Later the District reprimanded Griego, in writing, for an "intentional violation of a Verbal Directive, and a written Memorandum . . . ."  Griego's violations were for coaching sports while on duty.  After that, the District once again reprimanded Griego for coaching on duty.  The reason was "taxpayers don't pay us to coach softball."  Later he was seen taking a fire engine to a sports event and coaching while on duty.  The District reprimanded Griego a third time:  "[T]here is no coaching on duty in any capacity.  Do not take the engine.  Period."  During his third reprimand, Griego was defensive and argumentative and expressed no regret.

The petition for rehearing filed by Respondent Jesse Griego is denied.

There is no change in the judgment.

STRATTON, P. J.

WILEY, J.

I would grant this petition for rehearing.

HARUTUNIAN, J.¹

^1. Judge of the San Diego Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.