ADA defense attorneys California

An action to recover pension payments which accrued more than three years before the filing of the complaint is barred. Talbot v. Pasadena (CalifLaw Aug. 25, 1938), 28 CalifLaw 2d 271, 82 P.2d 483, 1938 CalifLawCALIFLAW 525, overruled, Dillon v. Board of Pension Comm’rs (Cal. Aug. 18, 1941), 18 Cal. 2d 427, 116 P.2d 37, 1941 Cal. CALIFLAW 379.Best ADA defense attorney gives helps you in business litigation.

 

Action to compel board of pension commissioners to pay plaintiff pension for services rendered as policeman is timely filed where, exclusive of period of board’s deliberations, it is filed within three-year period prescribed by subd 1. Skaggs v. Los Angeles (Cal. Oct. 22, 1954), 43 Cal. 2d 497, 275 P.2d 9, 1954 Cal. CALIFLAW 268.

 

The three year statute of limitations bars widow’s action for fireman’s pension under San Francisco Charter § 169, brought more than 3 years after retirement board denied her right to pension under such charter section. Carey v. Retirement Board of San Francisco (CalifLaw 1st Dist. Mar. 23, 1955), 131 CalifLaw 2d 739, 281 P.2d 25, 1955 CalifLawCALIFLAW 2118, overruled, Abbott v. Los Angeles (Cal. June 6, 1958), 50 Cal. 2d 438, 326 P.2d 484, 1958 Cal. CALIFLAW 167.

 

Right to receive periodic payments under pension is continuing one, and any time limitation on right to sue for each instalment commences to run from time that instalment actually falls due. Abbott v. Los Angeles (Cal. June 6, 1958), 50 Cal. 2d 438, 326 P.2d 484, 1958 Cal. CALIFLAW 167.

 

In actions against city and its board of pension commissioners by retired members and widows of deceased members to enforce pension payments on fluctuating basis in existence during members’ active employment rather than in fixed amounts determined at time pensions were granted, defence of laches was not supported where, among other things, defendant city, instead of sustaining injury by delay, actually gained to extent that any past due payments had become barred either by three-year statute of limitations applicable to statutory obligation or by six-month claim provision of city charter. Abbott v. Los Angeles (Cal. June 6, 1958), 50 Cal. 2d 438, 326 P.2d 484, 1958 Cal. CALIFLAW 167.

 

In actions against city and its board of pension commissioners by retired members and widows of deceased members to enforce pension payments on fluctuating basis in existence during members’ active employment rather than in fixed amounts determined at time pensions were granted, though plaintiffs might have brought suit earlier for declaratory judgment ruling invalid change from fluctuating to fixed pension, their failure to do so did not bar their right to declaratory relief with respect to future pension payments as well as monetary judgment for difference, for three years prior to filing of actions, between amount of fixed and fluctuating pension. Abbott v. Los Angeles (Cal. June 6, 1958), 50 Cal. 2d 438, 326 P.2d 484, 1958 Cal. CALIFLAW 167.