Bonelli

Petition for peremptory writ of mandate to compel respondent Controller of the State of California to pay petitioner, William G. Bonelli, the pension allowances accruing to him since February 1959, with interest, allowances hereafter accruing, and to pay petitioners the sum of $15,000 deposited by them with the Franchise Tax Board of the State of California, with interest.

Questions Presented

While many questions are presented on the merits, because of the peculiar circumstances in this case this court feels that, in its discretion, it should decline jurisdiction as petitioners have adequate remedies open to them in the superior court.

Record

The petition sets forth the state positions formerly held by William and particularly that, as a member of the State Board of Equalization, he was a member of the Legislators Retirement System; that on January 8, 1959, the Board of Administration of the State Employees Retirement System granted him his retirement pension and advised that his first warrant therefor would be mailed to him in February. In 1959 the Franchise Tax Board notified petitioners óf a deficiency in their tax returns for each of the years 1952 and 1953. To stay…