Combs v. City of Long Beach

California Court of Appeal

Combs v. City of Long Beach

272 P.2d 886, 126 Cal. App. 2d 841, 1954 Cal. App. LEXIS 2095

CourtCalifornia Court of Appeal

DecidedJuly 6, 1954

DocketCiv. No. 20337

StatusPublished

Cited by2 cases

This text of 272 P.2d 886 (Combs v. City of Long Beach) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Combs v. City of Long Beach, 272 P.2d 886, 126 Cal. App. 2d 841, 1954 Cal. App. LEXIS 2095 (Cal. Ct. App. 1954).

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Opinion

SHINN, P. J.

The questions involved on the appeal are the same as those decided in our opinion in English v. City of Long Beach, Civil No. 20020, ante, p. 414 [272 P.2d 875] this day filed.

Plaintiffs, 22 in number, are either widows or children of deceased members of the Police or Pire Departments of the City of Long Beach. Each of them has been granted a pension pursuant to section 187, subdivision 4 of the city charter. (Stats. 1931, p. 2785.) Originally the amount of the pensions fluctuated with the salaries attached to the several ranks or positions as they might be fixed from time to time. Although such salaries have been increased several times since June 5, 1951, the city contends, as it did in the English case, that the amounts of plaintiffs’ pensions were fixed at a percentage of the salaries being paid June 5, 1951, as declared by charter amendment section 187.2, which became effective on that date.

The action was commenced in the municipal court; the city filed a cross-complaint seeking a determination that section 187.2 was valid and binding upon plaintiffs and that their pensions are to be paid in accordance with its terms. The [842]*842action was transferred to the superior court and on motion of plaintiffs judgment on the pleadings was entered declaring that the provisions of subdivision (a) of section 187.2 of the charter are void and of no effect insofar as they purport to change, alter or otherwise modify the respective rights of plaintiffs and cross-defendants to receive pension payments provided for in section 187 of the charter. The judgment was for the several amounts due and to become due plaintiffs under their pension rights as originally established.

For the reasons stated in our opinion in English v. City of Long Beach, ante, p. 414 [272 P.2d 875], the judgment is affirmed.

Wood (Parker), J., concurred.

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SHINN, P. J.

The questions involved on the appeal are the same as those decided in our opinion in English v. City of Long Beach, Civil No. 20020, ante, p. 414 [272 P.2d 875] this day filed.

Plaintiffs, 22 in number, are either widows or children of deceased members of the Police or Pire Departments of the City of Long Beach. Each of them has been granted a pension pursuant to section 187, subdivision 4 of the city charter. (Stats. 1931, p. 2785.) Originally the amount of the pensions fluctuated with the salaries attached to the several ranks or positions as they might be fixed from time to time. Although such salaries have been increased several times since June 5, 1951, the city contends, as it did in the English case, that the amounts of plaintiffs’ pensions were fixed at a percentage of the salaries being paid June 5, 1951, as declared by charter amendment section 187.2, which became effective on that date.

The action was commenced in the municipal court; the city filed a cross-complaint seeking a determination that section 187.2 was valid and binding upon plaintiffs and that their pensions are to be paid in accordance with its terms. The [842]*842action was transferred to the superior court and on motion of plaintiffs judgment on the pleadings was entered declaring that the provisions of subdivision (a) of section 187.2 of the charter are void and of no effect insofar as they purport to change, alter or otherwise modify the respective rights of plaintiffs and cross-defendants to receive pension payments provided for in section 187 of the charter. The judgment was for the several amounts due and to become due plaintiffs under their pension rights as originally established.

For the reasons stated in our opinion in English v. City of Long Beach, ante, p. 414 [272 P.2d 875], the judgment is affirmed.

Wood (Parker), J., concurred.

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272 P.2d 886, 126 Cal. App. 2d 841, 1954 Cal. App. LEXIS 2095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/combs-v-city-of-long-beach-calctapp-1954.

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