Schalk

Schalk v. Department of Administration

Good Law
117 Cal. Rptr. 92·1974 Cal. App. LEXIS 1254·42 Cal. App. 3d 624
Court of Appeal of CaliforniaOctober 23, 1974Civ. No. 43260California2,018 words

Opinion

Lead Opinion

Thompson, J.

The matter at bench reaches us on a judgment of dismissal of appellant’s amended petition for writ of mandate entered after respondent’s demurrer to the petition was sustained without leave to amend. It raises the issue of the applicability of the “law enforcement member” disability retirement provisions of Government Code section 20017.77 to a teacher employed by the California Youth Authority permanently disabled while aiding a fellow teacher under attack during a riot at a Youth Authority institution. We conclude that on the facts *626 alleged in the amended petition, appellant qualifies for retirement pursuant to section 20017.77. Accordingly, we reverse the judgment.

Because the case at bench reaches us in demurrer, we treat the allegation of facts contained in the amended petition as true. So viewed, the record establishes the following. Appellant was employed as a full-time teacher by the State of California Department of Youth Authority. In addition to his primary function as a teacher, appellant, as a part of his duties, was “expected to assist security staff as directed in times of institutional emergency or escape.” His “security duties” were “. . . aimed…

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