Hadley

Hadley v. Superior Court

Good Law
105 Cal. Rptr. 500·1972 Cal. App. LEXIS 698·29 Cal. App. 3d 389
Court of Appeal of CaliforniaDecember 13, 1972Civ. 12235California2,607 words

Opinion

Opinion

Kaufman, J.

By this application for a writ of mandate, petitioner seeks to compel the San Bernardino Superior Court to render and enter judgment in action number CW-4738 pending in respondent court, which itself was a special proceeding, namely, a petition for writ of administrative mandamus. (Code Civ. Proc., § 1094.5.)

Pértinent Facts

On January 20, 1969, petitioner filed in the court below a petition for writ of mandate to review actions of both the City of Ontario and the Board of Administration of the Public Employees Retirement System. The allegations of that petition may be summarized as follows. On January 16, 1965, petitioner was hired by the City of Ontario as a police officer and became a “local safety member” of the Public Employees Retirement System. On March 2, 1966, he sustained an injury to his back, left hip and left leg arising out of and occurring in the course of his employment by the City of Ontario as a policeman. His workmen’s compensation claim was resolved by a stipulated award dated January 19, 1967, based on a permanent disability rating 2(PA percent. In the meantime, petitioner had returned on May 10, 1966, to his regular duties as a police officer and…

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