Kupka

Gerald A. Kupka, formerly an officer of the California Highway Patrol, filed a petition for writ of mandate (Code Civ. Proc., § 1094.5) to review a decision of the Public Employees’ Retirement System (PERS) denying his application for a disability pension. Realizing that the petition was filed beyond the applicable statute of limitations, plaintiff did not wait for PERS to invoke the bar of limitations but instead took the initiative by moving for relief under Code of Civil Procedure section 473. The trial court denied the motion and judgment was entered accordingly, from which plaintiff has appealed.

In support of the motion, plaintiff offered declarations by himself and by his attorney. Briefly summarized, these declarations reveal that plaintiff sought new counsel after PERS denied his pension application. He obtained an appointment with Attorney Wells at which the possibility of pursuing the matter by writ of mandate was discussed. Plaintiff was informed that Wells would require a retainer of $1,000 and the cost of preparing a record would be an additional $700. Attorney Wells told plaintiff the chances of success in the writ proceeding depended on the standard of…