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CITY OF ANAHEIM v. NOLAN

No. G028272.

128 Cal.Rptr.2d 714 (2002)

104 Cal.App.4th 1170

CITY OF ANAHEIM, Defendant and Appellant, v. Steven W. NOLAN, Plaintiff and Respondent.

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

December 26, 2002.

Attorney(s) appearing for the Case

Grancell, Lebovitz, Stander, Marx and Barnes, Norin T. Grancell, Los Angeles, and Lawrence Kirk, Sacramento, for Defendant and Appellant.

Lemarie, Faunce, Pingel & Singer and Steven R. Pingel, Seal Beach, for Plaintiff and Respondent.

OPINION

SILLS, P.J.

I. INTRODUCTION

Peace officers and firefighters sometimes put in for a disability retirement based on "mental incapacity" where the alleged incapacity derives fundamentally from the fact that they aren't getting along with their colleagues. The "incapacity" is manifested in some fear about the way fellow officers will behave toward them in the future. (E.g., Haywood v. American River Fire Protection Dist. (1998)

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