On Aug. 8, 2005, plaintiff Jeffrey Moore, 40, a sergeant with the Los Angeles County Sheriff’s Department, was charged with felony domestic violence. Moore was subsequently suspended from the force without pay on Sept. 1, 2005. He did not appeal his suspension to the Los Angeles County Civil Service Commission. After Moore’s domestic violence trial commenced, a mistrial was declared and the court ultimately dismissed the action. Thus, Moore was reinstated to paid status on July 29, 2008, three years after his suspension. Moore sued the county of Los Angeles and the County of Los Angeles Sheriff’s Department, alleging breach of contract. Moore contended that, per his applicable collective bargaining agreement, he was entitled to back pay for the three years he was suspended from the force. Defense counsel argued that Moore waived his right to appeal and that Moore had no breach of contract claim., Moore sought recovery of back pay for three years he was suspended.