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Traina v. City of Fontana2/20/2003
investigatory hearing. Accordingly, Neufeld was correct in advising both [plaintiff] and Ms. Harmon of this fact."
As discussed above, section 923 is not applicable here. (See ante, ยง I.A.) To the extent the language in section 923 is analogous to the language in section 7 of the NLRA, we agree with the trial court that plaintiff had no right to representation at the time of the hearing.
II. There Was No Ex Parte Contact with a Represented Party
Plaintiff finally argues that the city attorney's communications with her at the April 3, 1998, interview was an ex parte contact with a represented party, in violation of Rules of Professional Conduct, rule 2-100. This issue was apparently never raised below. "It is well established that issues or theories not properly raised or presented in the trial court may not be asserted on appeal, and will not be considered by an appellate tribunal. A party who fails to raise an issue in the trial court has therefore waived the right to do so on appeal. [Citations.]" Moreover, there is no indication that plaintiff was a "represented party" at the time of the investigatory interview. There was no ex parte contact.
DISPOSITION
The judgment is affirmed.
We concur:
Ramirez, P.J.
Hollenhorst, J.
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