California Court of Appeal

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City of Pleasanton v. Bd. of Admin. of California Public Employees' Ret. Sys., A132586

Trial court's grant of a retired city employee's petition for a writ of mandate to compel the California Public Employees' Retirement System (PERS) and its Board of Administration (Board) to retroactively increase his monthly retirement allowance, is reversed where: 1) the trial court erred in finding a due process violation in this case; 2) the Board's decision that plaintiff's standby pay is not pensionable is presumptively correct with respect to the issue of whether the pay in question was for services rendered during normal working hours, and plaintiff fails to meet his burden of showing the evidence does not support the Board findings; and 3) plaintiff's claims for breach of fiduciary duty and estoppel are without merit.

Appellate Information

  • Decided 11/29/2012
  • Published 11/29/2012


  • Margulies


  • California Court of Appeal


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