Kimball

This is an appeal from a judgment in favor of plaintiff following an order granting a motion for summary judgment.

Plaintiff was employed by defendant in its sheriff’s department as a correctional officer. He became disabled on or about January 22, 1968, by illness arising out of and in the course of his employment, and was temporarily totally disabled from pursuing any employment until September 30, 1968. On July 16, 1968, plaintiff applied to defendant for a leave of absence as provided in Labor Code section 4850. His application was denied and he then brought the instant declaratory relief action seeking to have a determination that section 4850 is applicable to him. Plaintiff thereafter filed a motion for summary judgment which was accompanied by a declaration in which he set forth the duties he performed while employed by defendant as a correctional officer in the sheriff’s office. In support of his motion plaintiff also relied on defendant’s answer to interrogatories. Defendant filed no counteraffidavit or declaration in opposition to the motion but did submit a memorandum of points and authorities. The trial court granted the motion for summary judgment and…