Wilkerson v. City of Placentia

In Wilkerson v. City of Placentia (1981) 118 Cal. App. 3d 435, an employee was reinstated but denied back pay despite an arbitrator's findings the city's actions were arbitrary and capricious. He did not bring an action to challenge the arbitrator's decision. Sometime thereafter, a case was published which held an employee was entitled to back pay if the employer's actions were arbitrary and capricious. The city rejected his renewed request for back pay and the employee brought a civil action in which he prevailed. The court denied the request for attorney fees under Government Code section 800 because the action did not follow the administrative proceeding, but instead followed the city's subsequent refusal to pay back wages. ( Id. at pp. 439-445.) "...Section 800 is applicable only to civil actions appealing from a finding or award or other determination of an administrative proceeding. But plaintiff is not appealing any finding or award or other determination of the arbitrator--he seeks a writ of mandate compelling back pay from his employer because of disciplinary action taken against him by that employer contrary to his constitutional rights. No appeal from the administrative hearing is involved." ( Wilkerson, supra, 118 Cal. App. 3d at p. 444.)