What is the effect of a finding of not guilty on the merits of a motion for unfair dismissal?
California, United States of America
The following excerpt is from Kilbourne v. City of Carpinteria, 128 Cal.Rptr. 133, 56 Cal.App.3d 11 (Cal. App. 1976):
1 In view of our holding any decision on the merits would be ineffectual (see Lemaire v. All City Employees Assn. (1973) 35 Cal.App.3d 106, 110 Cal.Rptr. 507), suffice to say, we are constrained, as was the court below, to point out that petitioner would not prevail even if the matter were decided on its merits.
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