Is section 3212.5 of the California Code of Civil Procedure applied in pension proceedings before the California Pension Board?

California, United States of America


The following excerpt is from Garrick v. Board of Pension Commissioners, 17 Cal.App.3d 243, 94 Cal.Rptr. 598 (Cal. App. 1971):

The narrow issue before us is whether section 3212.5 must be applied in appropriate pension proceedings before the board. If it must, then the board did not proceed in the manner required by law and abused [17 Cal.App.3d 245] its discretion prejudicially. (See Code of Civ.Proc. 1094.5(b); cf. Siler v. Industrial Acc. Com., 150 Cal.App.2d 157, 164, 309 P.2d 910.)

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