Bell v. San Bernardino Cty. Employee's Retire. Assn. CA4/1

INTRODUCTION

Curtis Bell, Jr., a former employee of the County of San Bernardino, applied for

and was denied disability benefits by the board of the San Bernardino County Employees' Retirement Association (SBCERA). Following an administrative appeal, the SBCERA

board sent notice on September 3, 2009, of its decision finding Bell did not prove he is

permanently incapacitated or his injury is work related. The trial court determined his

petition for writ of mandate, filed August 25, 2011, is barred by the 90-day statute of

limitations under Code of Civil Procedure section 1094.6.1 From what we can glean

from the briefing, Bell argues on appeal SBCERA did not give him proper notice and

information. We find no merit in this contention and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND2

Bell was terminated from his employment with San Bernardino County and later

filed for disability retirement benefits. The SBCERA board considered his application

and denied it, finding he was not permanently incapacitated and thus not eligible for

disability retirement. Bell appealed the initial decision within the administrative

procedures of SBCERA. Represented by attorney…