Kirk

Filed 5/9/13 Kirk v. Retirement Bd. of San Francisco CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

HENRY KIRK,

Petitioner and Appellant, v. A133321

RETIREMENT BOARD OF THE CITY &

COUNTY OF SAN FRANCISCO, (San Francisco County Super. Ct. No. CPF-10-510577) Respondent.

This is an appeal from judgment following the trial court’s denial of a petition for writ of administrative mandamus (writ petition) filed by appellant Henry Kirk. The underlying administrative proceedings resulted in a decision by respondent Retirement Board of the City and County of San Francisco (board) to deny appellant’s application for retirement disability based on a heart condition that rendered him…