McIntyre

Larry McIntyre appeals from the judgment denying his petition for a writ of mandate (Code Civ. Proc. § 1085) compelling respondent Santa Barbara County Employees’ Retirement System, Board of Retirement (Board) to follow certain procedures in deciding his application for a service-connected disability retirement. He contends the Board’s procedures result in a breach of its fiduciary duties, violate due process, and violate the 1937 County Employees Retirement Law (CERL). (Gov. Code, § 31450 et seq.) The trial court found each claim to be without merit as a matter of law. We affirm.

Facts

Appellant developed mycoplasmic pneumonia in 1989. The disease left him susceptible to blood clots and, as a result, he is required to take a blood-thinning medication called Coumadin. Appellant’s employer, the Summerland-Carpinteria Fire District, determined that he could no longer perform his job duties as a fire fighter because the medication increases the risk he will suffer a serious injury. Appellant last worked for the fire district in September 1997.

In May 1998, he applied to the Board for a service-connected disability retirement. The Board obtained copies of appellant’s…