Tielsch

In the previous episode, we upheld the superior court’s denial of George P. Tielsch’s petition for extraordinary relief because it was premature and brought under the wrong code section. While that appeal was pending, Tielsch petitioned anew, this time pursuant to the proper statute— Code of Civil Procedure section 1094.5 et seq.; but now he has acted too late. Tielsch filed his petition 93 days after the city denied his retirement application, and Anaheim obtained summary judgment based on the 90-day limitation period of section 1094.6. Because he was notified of the city’s action by mail, Tielsch argues section 1013, subdivision (a) automatically extended the period within which he could petition for writ of mandate by five days. We disagree.

I

Pursuant to Government Code sections 21024 and 21034, the city manager determined Tielsch, the former chief of police, was not eligible for disability retirement. The decision was made on March 23, 1983, and he notified Tielsch by certified mail, return receipt requested. As required by section 1094.6, subdivision (f), the letter warned that the time to petition for judicial review was governed by section 1094.6. The letter was…