C.A. 2nd;
B268758

The Second Appellate District affirmed a judgment. The court held that University of California peace officers receiving “duty disability income” could not be deemed to be retired.

University of California peace officers Allison Jacobs and Dennis Mueller both suffered on-duty disabling injuries. Both applied for and were awarded “duty disability income” (DDI). Both were subsequently denied a “retired” identification card and concealed weapons endorsement because neither of them had reach the retirement age of 50. Both of them filed suit, arguing the Regents of the University of California had a clear and present ministerial duty either to provide them an identification card and endorsement to carry a concealed weapon or to show good cause at a hearing why they were not so entitled. The trial court denied their petitions.

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