Trebil v. Bd. of Retirement
Floyd Trebil appeals from a summary judgment entered against him on his petition for a writ of administrative mandamus. The court granted the summary judgment on the ground that Trebils petition was filed beyond the 90-day time limit specified in Code of Civil Procedure section 1094.6, and Trebil concedes this is true. But he argues that, in fairness, his time to file the petition should have been extended five additional days, to account for the fact that notice of the decision he sought to overturn had been served upon him by mail, rather than personally delivered. Trebil makes this argument despite the fact the statute itself explicitly rejects any such extension. He contends the statutes specific rejection of the extension cannot be reconciled with the general rule affording such extensions, which is set forth in Code of Civil Procedure section 1013.
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