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Chaidez v. Board of Administration of California Public Employees' Retirement System

California Court of Appeals, Third District, Sacramento

February 27, 2014

LEONARD CHAIDEZ et al., Plaintiffs and Appellants,
v.
BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al., Defendants and Respondents.

CERTIFIED FOR PARTIAL PUBLICATION [*]

Filed 2/3/14 (unmodified version)

APPEAL from a judgment of the Superior Court of Sacramento County No. 07CS01248, Michael P. Kenny, Judge.

Law Offices of John Michael Jensen and John Michael Jensen for Plaintiffs and Appellants.

Peter H. Mixon and Wesley E. Kennedy for Defendants and Respondents.

THE COURT:

It is ordered that the opinion certified for partial publication, filed herein on February 3, 2014, be modified to reflect that part II will be included in the publication. The changes will be as follows:

1. Page 1, the footnote numbered with an asterisk will now end with the words:

with the exception of parts III-IV.

2. Page 7, remove the asterisk after heading II.

This modification does not effect a change in the appellate judgment.

NICHOLSON, Acting P.J., ROBIE, J., MAURO, J.

MAURO, J.

Plaintiff Leonard Chaidez worked as a full-time employee for plaintiff City of Hawaiian Gardens (the City) from 1988 until 1997, ultimately earning $7, 374 per month as city administrator. Chaidez became a “miscellaneous” member of the Public Employees’ Retirement System (PERS) during that employment. Later, Chaidez served as an elected member of the City Council of Hawaiian Gardens from 1999 until 2007, ...


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