California Court of Appeal

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Bernard v. City of Oakland, A127853

In a case in which retired firefighters or their surviving spouses contended that the City of Oakland and Union City were required to make additional payments toward their health care coverage pursuant to an amendment to the Public Employee Medical Hospital Care Act, the trial court's denial of mandamus relief and dismissal of the actions are affirmed, where: 1) it was appropriate to defer to the health care plan administrator's interpretation of the statutory language in dispute; 2) there was no error in allowing a witness to testify as an expert, and even if there was error, it was harmless; and 3) there was no merit to an assertion that a contracting agency that elects to make increasing contributions under Government code section 22892(c) must also comply with the minimum contribution provisions of 22892(b).

Appellate Information

  • Decided 01/30/2012
  • Published 01/30/2012

Judges

  • Banke

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Wylie, McBride, Platten & Renner, Meyers, Nave, Riback, Silver & Wilson