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KUPKA v. BOARD OF ADMINISTRATION

Docket No. 23711.

122 Cal.App.3d 791 (1981)

176 Cal. Rptr. 214

GERALD KUPKA, Plaintiff and Appellant, v. BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

August 5, 1981.

Attorney(s) appearing for the Case

COUNSEL

Samuel J. Wells for Plaintiff and Appellant.

George Deukmejian, Attorney General, and Melvin R. Segal, Deputy Attorney General, for Defendant and Respondent.

OPINION

THE COURT.

Gerald A. Kupka, formerly an officer of the California Highway Patrol, filed a petition for writ of mandate (Code Civ. Proc., § 1094.5) to review a decision of the Public Employees' Retirement System (PERS) denying his application for a disability pension. Realizing that the petition was filed beyond the applicable statute of limitations, plaintiff did not wait for PERS to invoke the bar of limitations but...

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