Driscoll

Driscoll v. City of Los Angeles

Good Law
1967 Cal. LEXIS 220·61 Cal. Rptr. 661·67 Cal. 2d 297·431 P.2d 245
Supreme Court of CaliforniaSeptember 13, 1967L. A. No. 28479California6,584 words

Opinion

lead Opinion

Sullivan, J.

We are called upon to review a declaratory judgment determining the past and future pension rights of certain widows of retired former members of the Los Angeles Police and Fire Departments. Plaintiff widows, except plaintiff Gussie A. Hand, appeal from adverse portions of the judgment which limit the recovery of each of them to unpaid pension benefits accruing within six months prior to the filing of a formal claim therefor and which deny to each of them recovery of other unpaid pension benefits accruing from and after the death of the respective deceased husband of each but prior to said six-month period. Plaintiff Hand appeals from the entire judgment which denies her all recovery. Defendants 1 (hereafter for convenience referred to collectively as the “City”) appeal from the entire judgment. We have concluded that the judgment should be affirmed insofar as, and to the extent that, it provides recovery to plaintiffs Driscoll, Beard and Powell; that it should be reversed insofar as it provides any recovery for plaintiffs Slaten and Galbreth (La Niece) ; and that it should be reversed insofar as it denied recovery to plaintiff Hand.

Bach plaintiff is the widow of a former member…

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