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SAN DIEGO v. HAAS

No. D058225.

207 Cal.App.4th 472 (2012)

143 Cal. Rptr. 3d 438

CITY OF SAN DIEGO, Plaintiff and Respondent, v. RICHARD HAAS et al., Defendants and Appellants.

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

June 29, 2012.

Attorney(s) appearing for the Case

Higgs, Fletcher & Mack, John Morris and Victoria E. Fuller for Defendant and Appellant Richard Haas.

Mayer Mangan and Katherine Mayer Mangan for Defendant and Appellant George F. Schaefer.

Glaser, Weil, Fink, Jacobs, Howard, Avchen & Shapiro and Joel N. Klevens for Defendant and Appellant Benjamin Vernon.

Law Office of Michael A. Conger and Michael A. Conger for San Diego Police Officers Association as Amicus Curiae on behalf of Defendants and Appellants.

Mayer Mangan and Katherine Mayer Mangan for Deputy City Attorneys Association of San Diego as Amicus Curiae on behalf of Defendants and Appellants.

Wright & L'Estrange and Joseph T. Ergastolo for Plaintiff and Respondent.

OPINION

NARES, J. —

In this pension case the City of San Diego (the City) obtained by summary judgment against defendants San Diego City Employees Retirement System (SDCERS), Richard Haas and Benjamin Vernon (together sometimes defendants), a judicial declaration that defendants are ineligible to receive certain "ancillary" retirement benefits. The ancillary benefits at issue on this appeal are (1) a "13th retirement check," payable whenever...

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