LCW Partner Michael Youril And Associate Anthony Co Defeat Union’s Leave Pay Out Lawsuit

Two former city police officers were paid accrued leaves at their final base salary rate upon separation. Their union filed for a writ of mandate alleging that the city had a legal obligation to pay out the former officers’ vacation and sick leave at their base rate plus incentive pays.

The city demurred to the causes of action and the court sustained with leave to amend. The union filed a second petition arguing that the cash outs should have included incentive pay at separation under the Memorandum of Understanding, the city’s personnel rules, or alternatively due to past practice. The city demurred to the second petition as well. After extensive oral argument at the demurrer hearing on the second petition, the Court sustained the city’s demurrer without leave to further amend, effectively ending the matter. The Court’s order tracked LCW’s arguments.