Phillis v. City of Santa Barbara

ASHBURN, J. *

In separate counts of a single complaint plaintiff J. D. Phillis, fireman, and J. J. O’Brien, policeman, seek relief, principally declaratory, with respect to their pension rights under the Charter of the City of Santa Barbara. The controversy grows out of a charter amendment which substitutes a fixed pension for a fluctuating one and imposes other limitations upon the pension right which are plainly to the disadvantage of the employees and accompanied by no compensatory advantages.

The trial court held that the actions are barred by section 338, subdivision 1, of the Code of…