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New Cases of Interest - March 11, 2013
Requa v. Regents of University of California (2012) 213 Cal.App.4th 213. Retirees who had worked at a laboratory operated by the University of California brought a mandamus action claiming that the University's elimination of their group health insurance benefits violated a number of different legal theories. The court dismissed claims for breach of an alleged express contract, but found that the retirees had adequately pled a cause of action for breach of an implied contract, noting their contention that the University's obligation to provide lifetime retiree medical benefits on the same terms and conditions as that provided to other University retirees could be implied from the authorization of those benefits in 1961, the uninterrupted provision of those benefits for more than 50 years, and from the University's publications which assured employees that they would receive health benefits and retirement. The court noted that the retirees were not required to prove their case on demurrer and their first amended petition for writ of mandamus adequately alleged their authorization for health benefits.