City of Oakland v. Hassey

In City of Oakland v. Hassey (2008) 163 Cal.App.4th 1477, the Court of Appeal held that Oakland could require reimbursement of police training costs under circumstances similar to--but yet distinguishable from--the circumstances in this case. However, because the appellant in Hassey did not rely on Labor Code section 2802 either in his answer to the complaint or in his cross-complaint and raised the issue only in his reply brief, the court expressly declined to address the contention that Labor Code section 2802 prohibits the reimbursement requirement the city imposed. (Hassey, at pp. 1490-1491.) Accordingly, Hassey is not authority with respect to the effect of Labor Code sections 2802 and 2804 on the ordinance and/or the acknowledgment.