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MOLINA v. BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS)

No. B222370.

PHILLIP MOLINA, Plaintiff and Appellant, v. BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS), et al., Defendants and Respondents; CITY OF OXNARD, Real Party in Interest.

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

Filed September 29, 2011.

Attorney(s) appearing for the Case

Law Offices of David A. Roberti and David A. Roberti ; Law Offices of John Michael Jensen and John Michael Jensen for Plaintiff and Appellant.

CALPERS, Peter H. Mixon and Marguerite Seabourn ; Steptoe & Johnson, Edward Gregory and Jason Levin for Defendants and Respondents, Board of Administration of California Public Employees' Retirement System and California Public Employees' Retirement System (collectively, CalPERS).

Kinaga Law Firm, Patricia A. Kinaga and Arthur B. Walsh for Real Party in Interest and Respondent, City of Oxnard.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

CROSKEY, J.

Phillip Molina (Molina) appeals from a judgment denying his petition for a writ of mandate (Code of Civ. Proc., § 1094.5). By that petition, Molina had sought to compel the inclusion in the calculation of his retirement pension all, or at least some portion of, the settlement proceeds received in the negotiated resolution of his wrongful termination action against the City of Oxnard. Because we...

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