Public Pensions – Entitlement, Loss & Forfeiture

Useful Rulings on Government Pensions

Recent Rulings on Government Pensions

TOLARA GROSS VS EDUCATION MANAGEMENT SYSTEMS

.), the National Labor Relations Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act, the California Constitution, the California Government Code, the California Labor Code, the California Civil Code, the California Business & Professions Code, or any other federal, state or local law, regulation or ordinance) between Employee and Employer (or its parent, subsidiary or related companies), and

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

JEFFREY BARR VS ACTION SALES & METAL CO INC ET AL

Section 218.5 authorizes the award of fees to a party who prevails in an “action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions … .” IFP does not contend that plaintiffs' section 226.7 claim concerns the payment of fringe benefits or health and welfare or pension fund contributions.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

BONUM ERIOT SEMPER, LLC, VS BRIAN LLOYD KETTERER ET AL

“(E) Documentation showing regular distributions from a trust, annuity, 401k, pension, or other financial instrument. “(F) Documentation of court-ordered payments, including, but not limited to, spousal support or child support. “(G) Documentation from a government agency showing receipt of public assistance benefits, including, but not limited to, social security, unemployment insurance, disability insurance, or paid family leave.

  • Hearing

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

DOCTORS HOSPITAL OF MANTECA, INC. VS GARDNER TRUCKING, INC.

“ERISA is a comprehensive federal law designed to promote the interests of employees and their beneficiaries in employee pension and benefit plans. As a part of this integrated regulatory system, Congress enacted various safeguards to preclude abuse and to secure the rights and expectations that ERISA brought into being. Prominent among these safeguards is an expansive preemption provision, found at section 514 of ERISA (29 U.S.C. §1144.)” (Port Medical Wellness, Inc. v.

  • Hearing

DAVID SHETLAND VS CITY OF LONG BEACH,

Here, the rule of law has long existed that “the government claim requirement applies to any monetary claim even if it is merely incidental to other relief sought. (Citation omitted.)” (Canova v. Trustees of Imperial Irrigation Dist. Employee Pension Plan (2007) 150 Cal.App.4th 1487, 1497.) “Since an incidental damage claim seeks monetary relief, the express language of Government Code section 945.4 requires presentation of a claim as a precondition to the filing of suit.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

CHUONG THAI VS CITY OF MONTEREY PARK

California Government Code, Section 815(a) states that “[a] public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or public employee or any other person.”

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM VS AL MIJARES, ET AL.

The Department notes that the Government Code has no general definition of “costs” to include attorneys’ fees; the terms are used separately and distinctly throughout.

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

RYAN BOX, ET AL. VS ORANGE COAST AUTO GROUP, LLC A CALIFORNIA LIMITED LIABILITY COMPANY , ET AL.

(2) Whether the defendant's conduct caused one or more senior citizens or disabled persons to suffer: loss or encumbrance of a primary residence, principal employment, or source of income; substantial loss of property set aside for retirement, or for personal or family care and maintenance; or substantial loss of payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen or disabled person.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

JOHN RIOS VS CITY OF BALDWINPARK

Private enforcement is required if there’s no evidence of intervention from a government agency. San Diegans, supra, 240 Cal.App.4th at 628. A plaintiff who does not seek any financial benefit from the lawsuit will generally satisfy the statute's disproportionate financial burden requirement. Id. There is no evidence of intervention from a government agency and Rios has shown that private enforcement is necessary. Rios has met the third element of the exemption.

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

JOHN RIOS VS CITY OF BALDWIN PARK

Private enforcement is required if there’s no evidence of intervention from a government agency. San Diegans, supra, 240 Cal.App.4th at 628. A plaintiff who does not seek any financial benefit from the lawsuit will generally satisfy the statute's disproportionate financial burden requirement. Id. There is no evidence of intervention from a government agency and Rios has shown that private enforcement is necessary.

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

MICHAEL BOYD, ET AL. VS CALIFORNIA STATE TEACHERS' RETIREMENT SYSTEM, ET AL.

As District Respondents note, Petitioners are effectively asking for a 20% increase in pension allowance above what they are entitled to under the Teachers Retirement Law and contend that District Respondents are obligated to provide this increase. Dem. at 14. Estoppel is barred where the government agency to be estopped does not possess the authority to do what it appears to be doing, relying on Medina v. Board of Retirement, (“Medina”) (2003) 112 Cal.App.4th 864.

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

SUZANNE RUELAS VS CITY OF BALDWIN PARK, ET AL.

Defendants argue that the allegations of (1) demanding longevity pay to spike her pension; (2) reporting allegations of fraud; (3) and reporting of discrimination are insufficient to constitute allegations of engaging in protected activity. (See Demurrer, pp. 13:22-24, 14:7-8, 14:9, 14:16, 15:10-14.)

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

INLAND VALLEY DEVELOPMENT AGENCY AS SUCCESSOR VS. KEELY BOSLER IN HER OFFICIAL CAPACITY AS DIRECTOR OF THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE

Enforceable obligation means, among other things: “[O]bligations imposed by state law . . . or legally enforceable payments required in connection with the [RDA’s] employees, including, but not limited to, pension payments . . . . [; and a]ny legally binding and enforceable agreement or 1 Unless otherwise stated, all future statutory references are to the Health and Safety Code.

  • Hearing

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, ET AL. V. SANTA CLARA STADIUM

Stadium Manager ultimately failed to cure the second Notice of Breach, and instead disputed the underlying claims despite pending government investigations into its purported failure to comply with prevailing wage laws. (Id., ¶¶ 52-53.) As a consequence, SCSA served a second Notice of Default on August 16, 2019, pursuant to Section 11.1.2 of the Management Agreement. (Id, ¶¶ 54-55 and Exhibit H.)

  • Hearing

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, ET AL. V. SANTA CLARA STADIUM

Stadium Manager ultimately failed to cure the second Notice of Breach, and instead disputed the underlying claims despite pending government investigations into its purported failure to comply with prevailing wage laws. (Id., ¶¶ 52-53.) As a consequence, SCSA served a second Notice of Default on August 16, 2019, pursuant to Section 11.1.2 of the Management Agreement. (Id, ¶¶ 54-55 and Exhibit H.)

  • Hearing

JAMES B. MORELL VS BOARD OF RETIREMENT ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM

The Settlement Agreement expressly requires the exclusion of flexible benefits from pension calculations for OCERS members retiring after January 1, 1991. (AR 70 ¶ 3.) The Settlement Agreement memorialized, as finding and binding, the pay item categories that Resolution 98-001 excluded from pensionable treatment when calculating a retiring settlement class member’s pension benefits. (AR 70 ¶ 3.)

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

GEORGE AND KALLIOPI METSOVAS AS TRUSTEES FOR THE METSOVAS FAMILY TRUST VS CITY OF ORANGE

Bankers Pension Services, Inc. (1999) 76 Cal.App.4th 550, 558 [parties’ intent to benefit third party must appear in agreement].) The complaint sufficiently alleges a breach of contract.

  • Hearing

JUI-CHIEN LIN VS ROBERT CHIU

The court’s order may assign to the judgment creditor the judgment debtor’s right to receive the following types of payments: (1) Wages due from the federal government that are not subject to withholding under an earnings withholding order. (2) Rents. (3) Commissions. (4) Royalties. (5) Payments due from a patent or copyright. (6) The loan value of an insurance policy. (CCP § 708.510(a).)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ELDER OSVALDO GUTIERREZ VS LOCAL PIE, LLC, ET AL.

“Section 218.5, with certain exceptions not relevant here, governs the award of attorney fees in “any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions.” (§ 218.5, subd. (a).) In such actions, “the court shall award reasonable attorney's fees and costs to the prevailing party if any party to the action requests attorney's fees and costs upon the initiation of the action.” (Ibid.)

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

JON COUPAL VS. ALEX PADILLA, AS THE SECRETARY OF STATE OF CALIFORNIA

As examples, Petitioners note a local government could spend its extra funds on “a new city hall, a soccer stadium, or to fund its pension debt.” The Court is not convinced that a new city hall or a soccer stadium are categorically exempt from the term “services.” As for pension debt, an argument could be made that providing pensions (and thus funding pension debt) provides services to residents in the form of capable and competent government employees.

  • Hearing

JON COUPAL VS. ALEX PADILLA, AS THE SECRETARY OF STATE OF CALIFORNIA

Petitioners note a local govemment could spend its extra funds on "a new city hall, a soccer stadium, or to fund its pension debt." The Court is not convinced that a new city hall or a soccer stadium are categorically exempt from the term "services." As for pension debt, an argument could be made that providing pensions (and thus fiinding pension debt) provides services to residents in the form of capable and competent govemment employees.

  • Hearing

ANTHONY SAM VS RENEE KWAN ET AL

In opposition, Plaintiff argues that “it must be noted that Hertzberg LLC is not a ‘top official or government executive’ under the relevant case law.” (Opp., p. 3:21-22.) Instead, Plaintiff argues that Defendant Hertzberg Holdings LLC “is an entity that exists separate and apart from the Senator and thus should not be permitted to claim the privilege that applies to sitting members of the legislature.” (Id. at p. 3:22-23.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CAROL SWITZER VS. SACRAMENTO COUNTY EMPLOYEES RETIREMENT SYSTEM

App. 3d 1327, 1332 [although pension law 12 Further undesignated statutory references are to the Government Code. substantially unable to perform her usual job duties. (Harmon v. Board of Retirement of San Mateo County (1976) 62 Cal.App.3d 689, 691, 65; Mansperger v. Public Employees’ Retirement System (1970) 6 Cal. App. 3d 873, 876.)

  • Hearing

LINDA WILKINSON VS DON KENDRICK, ET AL.

Sec. 54957(b): employee discipline Sec. 54957.6: employee salaries Sec. 54957.8: ongoing criminal investigations by multijurisdictional law enforcement agencies Sec. 54957.10: employee request for early withdrawal of pension funds Government Code section 54962 provides: “Except as expressly authorized by this chapter [and other enumerated provisions], no closed session may be held by any legislative body of any local agency.”

  • Hearing

ANDREW MCGINNIS, ET AL. VS SAN MARINO GARDENS WELLNESS CENTER, LP

The automobile dealer has his franchise, the doctor and lawyer their professional licenses, the worker his union membership, contract, and pension rights, the executive his contract and stock options; all are devices to aid security and independence.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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