Petersen

Petersen v. City of Los Angeles

Good Law
1962 Cal. App. LEXIS 1968·207 Cal. App. 2d 785·24 Cal. Rptr. 809
Court of Appeal of CaliforniaSeptember 24, 1962Civ. No. 25920California662 words

Opinion

Lead Opinion

Burke, J.

Petitioner, a police officer of the City of Los Angeles, sought a writ of mandamus to compel the Board of Pension Commissioners of the City of Los Angeles (“Board”) to grant his claim for a disability pension.

The sole question presented on this appeal is whether the Board’s action in denying petitioner’s pension was supported by substantial evidence. The administrative record upon which the Board acted was incorporated as an exhibit attached to the petition. Upon a review of the record the trial court made its findings of fact to the effect that there was substantial *786 evidence supporting the action of the Board and gave judgment accordingly.

The petitioner was appointed as a policeman in 1952 and was injured in the line of duty on December 20, 1957. He returned to active duty on January 6, 1958, and from that date until May 13, 1959, he fully and actively performed the duties of a regular police officer. On May 13, 1959, he was relieved from duty pending a hearing before and decision by a board of rights pursuant to provisions of section 202 of the city charter. Subsequently, on November 2, 1959, petitioner was found guilty as charged and was discharged from the police…

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