Schmidt

Retirement Board of the City and County of San Francisco Employees (appellant) appeals from a judgment granting Joanne Schmidt’s (respondent) petition for a peremptory writ of mandate. The writ of mandate commanded appellant to set aside its decision denying respondent a continuation of her deceased husband’s retirement benefits. Appellant contends that the trial court erred in ruling that an ex parte order establishing the date of a marriage under Health and Safety Code section 10550 et seq. is conclusive under Code of Civil Procedure section 1908, subdivision (a)(1). We reverse.

Factual Background

Under San Francisco Charter section 8.573(d), respondent is eligible for a continuation of her deceased husband’s retirement benefits (continuation allowance) only if she was married to the deceased at least one year prior to his death. On April 27, 1992, respondent obtained an ex parte order, pursuant to section 10550 et seq., from the San Francisco Superior Court, which order judicially established that respondent and her deceased husband were married in 1975.

On June 12, 1992, an administrative hearing was held to consider evidence relating to respondent’s application…