David Tomlin v. City of Beverly Hills, et al., BS173294

Tentative decision on motion for new trial: denied

Petitioner David Tomlin (“Tomlin”) moves for a new trial on the petition for writ of mandate and alternatively requests the court grant appropriate injunctive relief. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision.

A. Statement of the Case

1. The Petition

Petitioner Tomlin commenced this proceeding on April 25, 2018. The verified Petition alleges causes of action for a peremptory writ of mandate and injunctive and other extraordinary relief and alleges in pertinent part as follows.

Tomlin is a Sergeant with the Beverly Hills Police Department (“BHPD”). On April 11, 2016, BHPD Officer Andrew Myers (“Myers”) made a personnel complaint containing adverse comments, claims, and accusations against Sgt. Tomlin and three other senior officers, alleging that they subjected him to a hostile work environment.

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