Stuessel

Walter Stuessel appeals from the judgment of the Los Angeles Superior Court denying appellant’s petition for a peremptory writ of mandate pursuant to Code of Civil Procedure section 1094.5, directing respondents City of Glendale (City) and Hugh McKinley, its city manager and hearing officer, to set aside their decision denying appellant’s application for a service connected disability pension pursuant to the Public Employees Retirement System (PERS) as set forth in Government Code section 20000 et seq.

Contentions

Appellant contends that the trial court abused its discretion: (1) “. . . as a matter of law, in its interpretation of the correct standard to apply in determining the applicability of Government Code section 21022 to appellant’s disability”; (2) in permitting respondents to circumvent the intent of Government Code section 21022 by “labeling” as police work a civilian position and by assigning appellant to such a position while permanently depriving him of his peace officer status with all of its rights and responsibilities; (3) in that if appellant’s disability is determined to be “‘permanent and stationary,’” he has a fundamental vested right to a disability…