Pitts

After a hearing officer ruled in December 2002 that she was ineligible for disability retirement, plaintiff Adrianne Pitts requested a return to active status as a police officer (from which she had been on leave without pay since August 2000). When defendants informed her in February 2003 that she would need to satisfy several conditions as part of her return to active status, she refused. Instead, she filed a petition for a writ of traditional mandamus directing defendants to return her to active status unconditionally. In July 2004, the trial court issued a judgment that denied the petition. We recently affirmed the judgment. (Pitts v. Najera (Dec. 5, 2005, C047833) [nonpub. opn.].)

After the hearing on the petition for writ of mandate, plaintiff’s attorney immediately sent a letter to defendant City of Sacramento asserting that she agreed to the terms of the city’s offer of February 2003. Defendant Najera notified plaintiff that her refusal to accept the conditions in the February 2003 offer until that time amounted to a failure to return to work. He cited a line from the July 2004 judgment in which the court had asserted, “When [plaintiff] refused to report to work…