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California Court of Appeal


Dailey v. City of San Diego, D060049

Summary judgment for defendant-city on plaintiff-employee's action for declaratory relief alleging that defendant improperly capped her retiree health benefit is affirmed, where: 1) the retiree health benefit is not a benefit under defendant's retirement system, and therefore an affirmative vote by all members of the pension system was not required to implement the cap on employees' health benefit; and 2) plaintiff's second cause of action which sought to relitigate whether her retiree health benefit is an employment benefit, not a vested contractual right, is barred by the doctrine of collateral estoppel.

Appellate Information

  • Decided 01/23/2014
  • Published 01/23/2014

Judges

  • NARES

Court

  • California Court of Appeal

Counsel

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