# Hittle v. Santa Barbara County Employees Retirement Ass'n

> California Supreme Court · August 5, 1985 · 39 Cal. 3d 374

URL: https://www.frixlaw.com/law-library/cases/9599686

## Case

- **Full name:** WILLIAM T. HITTLE, Plaintiff and Appellant, v. SANTA BARBARA COUNTY EMPLOYEES RETIREMENT ASSOCIATION, Defendant and Respondent
- **Court:** California Supreme Court
- **Decided:** August 5, 1985
- **Citations:** 39 Cal. 3d 374; 216 Cal. Rptr. 733; 703 P.2d 73; 1985 Cal. LEXIS 312
- **Precedential status:** Published
- **Opinion:** Concurrence by Kaus
- **Judges:** Reynoso, Lucas
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9599686

## Opinion text

*395 KAUS, J.
I concur in the court’s conclusion that there is no substantial evidence to support the trial court’s determination that Hittle knew of his right to apply for disability retirement when he withdrew his contributions.
Since that conclusion disposes of the case, I see no need for the court to go out of its way to find further that SBCERA did not fulfill its fiduciary duty to deal with Hittle fairly and in good faith. Whatever shortcomings may be laid at SBCERA’s door, to characterize its handling of Hittle’s case as “tantamount to . . . misrepresentation and concealment, however ‘slight’ ” (p. 393, ante), is making words do tricks they were not meant to perform.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9599686. Public record. Not legal advice.