Edward V. Marquez v. Los Angeles County Employees’ Retirement Association, et al., BS172111

Tentative decision on petition for writ of mandate: granted

Petitioner Edward V. Marquez (“Marquez”) seeks a writ of mandate directing Respondent Los Angeles County Employees’ Retirement Association (“LACERA”) to set aside its decision and grant Marquez a service-connected disability retirement.

The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision.

A. Statement of the Case

1. Petition

Petitioner Marquez commenced this proceeding on January 19, 2018. The verified Petition alleges in pertinent part as follows.

On October 21, 2010, Marquez applied for a service-connected disability retirement pursuant to Government (“Govt.”) Code section 31720. On July 17, 2012, LACERA found Marquez not disabled from the performance of his job duties. Marquez appealed LACERA’s decision.

On March 13, 2015, a hearing was held before LACERA’s