GONZALEZ v. DEPARTMENT OF CORRECTIONS & REHABILITATION

No. E050191.

195 Cal.App.4th 89 (2011)

VICTOR GONZALEZ, Plaintiff and Appellant, v. DEPARTMENT OF CORRECTIONS AND REHABILITATION et al., Defendants and Respondents.

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

May 5, 2011.


Attorney(s) appearing for the Case

Faunce, Singer & Oatman, Edward L. Faunce and Larry J. Roberts for Plaintiff and Appellant.

Edmund G. Brown, Jr. , Attorney General, Alicia M.B. Fowler , Assistant Attorney General, Elizabeth Hong and Ernesto J. Fong , Deputy Attorneys General, for Defendants and Respondents.


OPINION

McKINSTER, Acting P. J.

Victor Gonzalez appeals an order denying a petition for a writ of mandate directing California's Department of Corrections and Rehabilitation (the Department) to file an application for retirement disability benefits on his behalf after he became disabled for his functions as a correctional officer as a result of an on-the-job injury. The trial court held that the Department had no such obligation, but...

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