Is it error for the trial court to fail to determine the unlawfulness of withholding disability benefits for failure to file a disability report form?

California, United States of America

The following excerpt is from Atchley v. City of Fresno, 151 Cal.App.3d 635, 199 Cal.Rptr. 72 (Cal. App. 1984):

Appellant contends it was error for the trial court to fail to determine the unlawfulness of withholding of disability benefits for failure of the beneficiary to file report forms. Appellant argues that there is no statutory requirement for the filing of the report forms, and the attempt to impose the reporting requirement is an impairment of the contractual right to said benefits as a part of the employment contract. Appellant cites Winslow v. City of Pasadena (1982) 130 Cal.App.3d 686, 181 Cal.Rptr. 873.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)

What are the findings of the Court of Appeal in determining whether a defendant received a fair trial due to a series of trial errors? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Does a party forfeits their claim of error if they fail to report the error to the trial court in a timely manner? (California, United States of America)

If a defendant does not object at trial to error in the special verdict form at trial, is it a waiver of their right to complain as to its form? (California, United States of America)

When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)

What is the test for determining whether a trial court's error contributed to a jury's error? (California, United States of America)

Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

Is it error for the trial court to fail to determine the unlawfulness of withholding disability benefits for failure to file a disability report form?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources