Chaney v. Los Angeles County Peace Officers' Retirement Board

This is a motion by appellants for an order recalling the remittitur issued herein, and for an order striking from the remittitur the provision allowing respondent, (petitioner in the lower court) costs on appeal. The basis of the motion is that the remittitur (1) was inadvertently issued, and (2) that respondent is not entitled to costs on appeal.

The undisputed facts are:

Respondent obtained from the trial court a writ of mandate directing payment to her of a pension of seventy-five dollars per month as the widow of Albert G. Chaney. From this judgment appellants appealed to this court and…