Pena

Appellants instituted this action to seek a declaration that they were lawfully entitled to be appointed at the various times they were first certified for appointment as policemen of the City of Los Angeles, and that respondents cause appellants’ service records to be corrected accordingly. Respondents, by their answer, pleaded the statute of limitations (Code Civ. Proc., § 338, subd. 1) as a defense. Appellants appropriately amended their pleadings to offset this defense by alleging estoppel. Trial was had and judgment in favor of the respondents was ordered pursuant to Code of Civil Procedure, section 631.8 on the ground, among others, that the appellants’ action was barred by the statute of limitations and that there was no evidence to support appellants’ contention that respondents were estopped to raise the statute as a defense. This appeal is from that judgment.

The real purpose of this action and the ultimate relief sought by appellants is a declaration to increase or extend their retirement benefits. To accomplish this, it is apparent that the city’s appointment records must be corrected, if legally possible. Their pension rights could not have accrued prior to…