California Court of Appeal
San Diego City Firefighters, Local 145, AFL-CIO v. The Board of Administration of the San Diego City Employees' Retirement System, D057437
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In consolidated suits by a union and individual plaintiffs challenging a city's repeal of aspects of its retirement program, the trial court's sustaining of demurrers without leave to amend is affirmed on all grounds, including that: 1) there was no valid contract establishing the plaintiffs' right to benefits on contract theories; 2) a promissory estoppel claim failed because the city did not promise the plaintiffs they could participate in the program; and 3) the city was immune from negligence claims because they amounted to an attempt to impose liability on the city for an injury caused by adopting or failing to adopt an enactment and for injury caused by misrepresentation by an employee.
Appellate Information
- Decided 05/25/2012
- Published 05/25/2012
Judges
- Benke
Court
- California Court of Appeal
Counsel
- For Appellant:
- Glaser, Weil, Fink, Jacobs, Howard & Shapiro, Kirby Noonan Lance & Hoge