Kan v. Alameda County Employees' Retirement Association

Full title: CELINA KAN, Plaintiff and Appellant, v. ALAMEDA COUNTY EMPLOYEES…

Court: California Court of Appeals, First District, Second Division

Date published: Jul 18, 2011

No. A129549 (Cal. Ct. App. Jul. 18, 2011)

Opinion

CELINA KAN, Plaintiff and Appellant, v. ALAMEDA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, Defendant and Respondent. A129549 California Court of Appeal, First District, Second Division July 18, 2011

NOT TO BE PUBLISHED

Alameda County Super. Ct. No. RG-09-485745

ORDER MODIFYING OPINION AND DENYING REQUEST FOR PUBLICATION

Kline, P.J.

THE COURT:

It is ordered that the opinion filed herein on June 23, 2011, be modified as follows:

1. On pages 5 and 6, the last sentence beginning at the bottom of page 5 and continuing on page 6, is modified to read as follows:

“On June 19, 2009, Deputy County Counsel Raymond Mackay, who represented the plan sponsor, Alameda County, sent attorney Engler a letter acknowledging Kan’s request for administrative review of ACERA’s rejection of her application for disability benefits, and assured him ‘that the matter is or will be on the agenda for the upcoming [meeting of the] ACERA Operations committee.’3

2. On page 11, the first sentence of the last paragraph is modified to read as follows:

“As earlier described, in June 2009, Raymond Mackay, attorney for the plan sponsor, Alameda County, sent Kan’s attorney, George Engler, a letter acknowledging Kan’s request for reconsideration of the rejection of Kan’s application for disability benefits.”

Respondent ACERA’s request for publication is denied.

There is no change in the judgment.