California Court of Appeal

In a case appealing defendant's denial of retirement benefits brought by a retired judge-plaintiff who was convicted while in office of conspiring to pervert or obstruct justice, which was later reduced from a felony to a misdemeanor, the trial court's decision upholding defendant's determination is affirmed where: 1) plaintiff's contention that defendant's forfeiture action is time barred is forfeited because he did not support it with legal analysis and it was not raised in the administrative hearing; 2) his contention that defendant lacked jurisdiction is without merit because defendant acted within its authority to interpret applicable retirement law; and 3) section 75526 is concerned with whether plaintiff was found guilty of a felony offense and whether that finding of guilt is final, and here, the finding of guilt was final when the Court of Appeal affirmed the judgment and the California Supreme Court denied review.

Appellate Information

• Decided 09/29/2015
• Published 09/29/2015

Judges

Court

• California Court of Appeal

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