Cummings v. City of Vernon

Appellant Ronald L. Cummings, formerly employed as a firefighter by respondent City of Vernon, filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) seeking judicial review of a decision by the city council that appellant is not entitled to a disability pension. The trial court denied the petition on the ground it is barred by the statute of limitations in section 1094.6, subdivision (b), because the petition was filed more than 90 days after the date of the city council’s decision.

We reverse. Construing section 1094.6, we hold that the 90-day period in subdivision (b) does not commence to run until the notice required by subdivision (f) is given, therefore appellant’s petition was timely filed.

Code of Civil Procedure Section 1094.

If a local agency has by ordinance or resolution adopted section 1094.6 as the applicable rule, then judicial review of any decision by the local agency “may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section.” (§ 1094.6, subds. (a), (g).)

“Any such petition shall be filed not later than the…