Pearson V. County Of Los Angeles

Plaintiff appeals from a judgment denying and dismissing his petition for mandate to compel defendants to receive from him a sum of money sufficient to make plaintiff "fully paid up in his retirement right" in the Peace Officers Retirement System, and thereupon to retire him with a pension, and to either conduct a hearing with respect to certain charges filed with the Los Angeles County Civil Service Commission or dismiss those charges and restore him to his position as a deputy sheriff in order that he may retire as provided by law. We have concluded that the judgment should be reversed and the superior court directed to issue its writ of mandate requiring the civil service commission to conduct a hearing on and dispose of the pending charges, and take such other action, if any, as may be appropriate to resolve the issues before it, and requiring the Board of Retirement of the Los Angeles County Employees' Retirement Association to vacate its order denying plaintiff's application for retirement, and to reconsider and pass on such application in the light of this opinion and the evidence which may then be adduced.