Legal Opinion

Respers v. University of California Retirement System

California Court of Appeal

Decided August 29, 1985No. Civ. 24169PublishedCited by 6 opinions

1Opinion of the Court

Opinion

SIMS, J.

Plaintiff Ella Respers appeals from a judgment denying her petition for writ of mandate (Code Civ. Proc., § 1094.5). Plaintiff sought to compel respondent University of California Retirement System (hereafter UCRS) to set aside its decision denying disability benefits.

On appeal plaintiff contends: (1) the trial court should have reviewed UCRS’s decision using the independent judgment test rather than the substantial evidence test; (2) the UCRS Board (hereafter Board) abused its discretion by rejecting the findings of its hearing officer as to the credibility of evidence and…

2Cases cited27 opinions

  1. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  2. Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESCalifornia Supreme Court · 1974
  3. People v. Eric J.California Supreme Court · 1979
  4. Horn v. County of VenturaCalifornia Supreme Court · 1979
  5. Swars v. Council of City of VallejoCalifornia Supreme Court · 1949

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3Cited by6 opinions

  1. Bunnett v. Regents of University of CaliforniaCalifornia Court of Appeal · 1995
  2. William Dal Porto & Sons, Inc. v. Agricultural Labor Relations BoardCalifornia Court of Appeal · 1987
  3. Walker v. City of San ClementeCalifornia Court of Appeal · 2015
  4. Dore v. County of VenturaCalifornia Court of Appeal · 1994
  5. Constancio v. State Personnel BoardCalifornia Court of Appeal · 1986

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