Kerlin

By an action for declaratory relief plaintiff Kathie (Bonnet) Kerlin seeks a declaration that Government Code section 21205 is unconstitutional. She thereby seeks to collect death benefits from the Public Employees Retirement System (PERS) as the named beneficiaiy of her former husband, Charles K. Bonnet.

Plaintiff challenges a substantive and a procedural ruling of the trial court. In its substantive ruling the trial court held that the provisions of Government Code section 21205, dealing with beneficiaries of a deceased state employee, are constitutional. Thus, plaintiff’s claims against the Public Employees’ Retirement System failed. By its procedural ruling that the parties had stipulated that only the constitutional challenge be decided, the trial court precluded hearing other matters.

We agree with the trial court’s substantive ruling that the challenged statute is constitutional. Nor did the court err in its procedural ruling. Upon submission, other issues are deemed waived or abandoned. While the stipulations were not clear, the court offered to continue the matter. Plaintiff declined. She cannot now be heard to complain. Accordingly, we affirm.

A pretrial…