In the dozens of cases decided since Justice Kennard’s retirement, every time there was a dissent, the pro tem Court of Appeal justice assigned to the case was with the minority, or, in one case, was the minority. But that streak was broken last week.
In Riverside County Sheriff’s Department v. Stiglitz, the court was divided. The majority held that, “when hearing an administrative appeal from discipline imposed on a correctional officer, an arbitrator may rule upon a discovery motion for officer personnel records, commonly referred to as a Pitchess motion.” Justices Werdegar and Baxter dissented, but the pro tem justice — Second District, Division Four, Justice Thomas Willhite, Jr. — signed the majority opinion written by Justice Corrigan.
