California Court of Appeal
Canova v. Trustees of Imperial Irr. Dist. Employee Pension Plan, D048156
In case involving defined benefit employee pension plan, summary judgment for defendants based on plaintiffs' failure to comply with the claim filing requirements of the Government Claims Act is reversed as plaintiffs were not required to comply with the Act to obtain mandamus relief on their claim, and summary judgment of the entire action based on plaintiffs' failure to comply with the Act was improper.
Appellate Information
- Decided 05/22/2007
- Published 05/22/2007
Judges
- McINTYRE, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Stanley, Mandel & Iola, Matthew J. Zevin, Butterfield Schechter, Marc S. Schechter, San Diego, and Susan L. Northup for Plaintiffs and Appellants.
- For Appellees:
- Howrey, Simon Arnold & White, John E. McDermott, Patrick McDonough, Michael L. Turrill, Los Angeles, Horton Knox Carter & Foote, Jeffrey M. Garber, Frank A. Oswalt and Vance Taylor, El Centro, for Defendants and Respondents.