California Court of Appeal

Dismissal of plaintiff-retired public employees' action seeking to compel defendants to resume the use of the enhanced benefits formula to calculate non-service-connected disability retirement, which defendant Board had voted to discontinue, is affirmed, where: 1) since the language of the settlement agreement foreclosed the possibility of additional unexpressed obligations on the part of the defendant-county, the trial court correctly held that plaintiffs could not state a cause of action premised on an implied grant of other (i.e., disability retirement) enhancements; and 2) plaintiffs waived and released the claims alleged in the fifth cause of action.

Appellate Information

• Decided 07/30/2013
• Published 07/30/2013

Judges

• KANE

Court

• California Court of Appeal

Counsel