California Court of Appeal

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Welch v. California State Teachers' Retirement Board, C062517

In an administrative mandamus proceeding brought by a former school teacher challenging the defendant’s denial of her application for disability retirement benefits, the trial court's denial of the writ petition is reversed and the case remanded, where: 1) misinformation received by the plaintiff from the defendant deprived her of a reasonable opportunity to develop contemporaneous evidence of her disability; 2) the defendant had the power under Education Code section 22308 to relieve the plaintiff from the consequences of her lack of proof because that lack of proof was attributable to the misinformation the defendant provided her.

Appellate Information

  • Decided 01/31/2012
  • Published 01/31/2012

Judges

  • Robie

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Julie Weng-Gutierrez