State ex rel. Nelson v. City of Berkeley

MOONEY, Judge.

The City of Berkeley (“Respondent”) appeals the trial court’s grant of summary judgment in favor of Jerry Nelson (“Relator”) in an action for mandamus seeking to compel Respondent to pay disability retirement benefits to Relator. We reverse and remand with directions.

By vote of the Board of Trustees of the Police and Firemen’s Retirement Fund of the City of Berkeley (“the Board”), Relator, a commissioned officer of the City of Berkeley Police Department, as well as a member of the Board, received an award for service-related disability retirement benefits. Both Relator and the…