Legal Opinion

Irvin v. Contra Costa Cnty. Employees' Ret. Ass'n

California Court of Appeal, 5th District

Decided June 30, 2017No. A149642PublishedCited by 7 opinions

1Opinion of the CourtMargulies, Acting P.J.

*164Plaintiff Marianne Irvin and her late husband, Richard Irvin (respectively, Marianne and Richard), obtained a judgment of legal separation a few months before his death. Notwithstanding the separation, the couple's agreement dividing their assets reflected Richard's intent *165that Marianne would receive the pension benefits available *514to a surviving spouse after his death. Defendant Contra Costa County Employees' Retirement Association Board of Retirement (Board), however, denied Marianne those benefits, concluding she was not Richard's "surviving spouse" for purposes of the governing statute as…

2Cases cited29 opinions

  1. Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
  2. De Burgh v. De BurghCalifornia Supreme Court · 1952
  3. Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLCCalifornia Supreme Court · 2015
  4. Ventura County Deputy Sheriffs' Ass'n v. Board of RetirementCalifornia Supreme Court · 1997
  5. Galland v. GallandCalifornia Supreme Court · 1869

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3Cited by7 opinions

  1. Alameda Cnty. Deputy Sheriff's Ass'n v. Alameda Cnty. Employees' Ret. Assn., California Court of Appeal, 5th District2018
  2. Mijares v. Orange Cnty. Employees' Ret. Sys., California Court of Appeal, 5th District2019
  3. Alameda County Dep. Sheriff's Assn. v. Alameda County Emp. Ret. Assn.California Court of Appeal · 2018
  4. Alameda County Deputy etc. v. Alameda County Employees' etc.California Court of Appeal · 2018
  5. Alameda County Deputy etc. v. Alameda County Employees' etc.California Supreme Court · 2020

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