MAXWELL v. CITY OF LOS ANGELES

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District Court of Appeal, Second District, Division 2, California.

Inez S. MAXWELL, Plaintiff and Respondent, v. CITY OF LOS ANGELES, a municipal corporation, and Board of Pension Commissioners of the City of Los Angeles, Defendants and Appellants.

Civ. 24131.

Decided: December 16, 1959

The parties have stipulated that the third and fourth paragraphs of the judgment here on appeal may be modified to read as follows:

‘It is further ordered, adjudged and decreed that a Peremptory Writ of Mandate be issued by the Clerk of the Court, under its seal, commanding the City of Los Angeles, a Municipal Corporation, and its Board of Pension Commissioners to pay to plaintiff a fluctuating pension, commencing as of June 23, 1957, and continuing throughout the remainder of her natural life, or until her remarriage, in an amount equal to one half of the salary attached to the rank of Lieutenant; that for the purpose of calculating the fluctuating pension to which plaintiff is, and shall be entitled, the fourth salary step as provided for active members of the Police Department (Los Angeles Ordinances 89,935, 108494, 109436, 110679 and 112256) as presently so fixed or such salary as may be subsequently fixed from time to time as said fourth step for the rank of Lieutenant in the Police Department or the step and/or rank equivalent thereto as may otherwise be provided from time to time, is the salary attached to the rank; and further commanding said City of Los Angeles and said Board of Pension Commissioners to pay to plaintiff immediately all past sums due as aforesaid on account of said pension and in the future to pay to plaintiff said pension as aforesaid as the same becomes due and payable.

‘It is further ordered, adjudged and decreed that plaintiff recover against the City of Los Angeles, a Municipal Corporation, and its Board of Pension Commissioners her costs herein incurred in the sum of _____.’

The parties further stipulated that the judgment, as so modified, be affirmed on appeal; that ‘remittitur issue forthwith directing the entry of judgment as so modified;’ and that each party bear its own costs on appeal.

In accordance with said stipulation, it is ordered that said judgment be and it is hereby modified as above set forth, and as so modified the judgment is affirmed. Remittitur shall issue forthwith. Each party shall bear its own costs on appeal.

PER CURIAM.

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