WHETSTONE v. CITY OF LODI VICKY WHETSTONE, Plaintiff and Appellant, v. CITY OF LODI, Defendant and Respondent. NOT TO BE PUBLISHED HOCH, J. Vicky Whetstone appeals from a judgment dismissing her petition for writ of mandate against the City of Lodi (the City) following an order sustaining the City's demurrer without leave to amend. The City informed Whetstone that if she did not file for disability retirement with the California Public Employees' Retirement System (CalPERS), the City would file the application on her behalf. In October 2006, Whetstone sent the City a letter demanding that she be returned to her former job and compensated for back pay. While the amended petition alleged exemption from compliance with the Act, the City argued the asserted exemptions did not apply to Whetstone because she "was not an employee of the City of Lodi during the period of time for which she seeks monetary damages. "

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