Public Pensions – Entitlement, Loss & Forfeiture

Useful Rulings on Government Pensions

Recent Rulings on Government Pensions

176-200 of 211 results

WILMOT VS. CONTRA COSTA

But these Government Code provisions do not say that the member is retired upon his application. They say that he may be retired.

  • Hearing

    May 19, 2017

DAMIEN ANDERSON VS. HOUSING AUTHORITY

Plaintiff argues that his retaliation claim does not need to be included in the tort claim because it meets the exception under Government Code §905(e).

  • Hearing

    May 11, 2017

ISHMAEL ALVAREZ VS INTER-CON SECURITY SYSTEMS INC

McOsker states that its business affects interstate commerce because it provides security guard services for government and commercial customers, including embassies, passport offices, utilities and multi-national corporations, throughout the United States and internationally. [McOsker Decl., ¶3.] Inter-Con purchases its uniforms, weapons, protective gear, ammunition, and various other items of equipment across state borders. [McOsker Decl., ¶3.]

  • Hearing

    May 08, 2017

BHIKAHAI PATEL VS. GOVIND VAGHASHIA

Labor Code section 218.5 Section 218.5 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. 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. Prior to 2014, section 218.5 did not distinguish between prevailing employers and employees.

  • Hearing

    May 05, 2017

  • County

    Los Angeles County, CA

DANIELLE S KURIN VS THE REGENTS OF UNIVERSITY OF CALIFORNIA

“[A] a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents. Instead, it is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.” Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658, 694 (1978).

  • Hearing

    Apr 28, 2017

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JMG ET AL VS LOS ANGELES UNIFIED SCHOOL DISTRICT ET AL

San Bernardino County Employees Retirement Assn. (1995) 32 Cal.App.4th 30 (county employee sued a county employees’ retirement association, among others, for alleged wrongful conduct in initially denying and failing to promptly award her a disability retirement pension). In light of the Supreme Court’s pronouncement in C.A. v. William S.

  • Hearing

    Mar 10, 2017

RIC1510034

All of the causes of action asserted against County are based on pension benefits that are administrated by CalPERS. Plaintiffs provide no authority to counter Government Code §20134. Under Government Code §§20123 and 201235, the board of CalPERS “shall determine and modify benefits for service and disability” and “shall determine who are employees and is the sole judge of the conditions under which persons may be admitted to and continue to receive benefits under the system.”

  • Hearing

    Mar 01, 2017

MYRNA PERAZA, ET AL VS. EVERGREEN SENIOR CARE, INC., ET AL

The conduct must be directed at senior or disabled persons and cause the loss or encumbrance of a primary residence, loss of employment, loss of a source of income, loss of property set aside the retirement, loss of payments received under a pension, retirement plan, or government benefits program, or loss of an asset essential to the health or welfare of the senior or disabled person.

  • Hearing

    Jan 27, 2017

  • County

    Los Angeles County, CA

ANITA LONGIN VS FORD MOTOR COMPANY

(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

    Jan 09, 2017

PARKVIEW VILLAGE VS CHIARO

Asks for accident, health, income, pension, life or retirement insurance and premiums paid. Only whole life or annuities are relevant; 19. OK; 20. OK; 21. OK; 22. OK; 23. OK; 24. OK; 25. OK; 26. OK except for “valuable jewelry.” How valuable is valuable? 27. OK; 28. OK; 29. OK; 30. OK; 31. No. Items on an installment plan? 32. No. Are you entitled to receive any government monies? Calls for tax returns, speculation, legal conclusions. OK if it asks for benefits he is actually receiving; 33. OK; 34.

  • Hearing

    Dec 16, 2016

YELENA KUTEPOVA VS SCREEN ACTORS GUILD ET AL

Thus, Plaintiff’s PAGA claim is, as a matter of law, a representative action on behalf of all aggrieved employees, even though Plaintiff’s Complaint fails to define the parameters of an aggrieved employee, which is particularly problematic because a PAGA judgment is binding “not only on the named employee plaintiff but also on government agencies and any aggrieved employee not a party to the proceeding.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 985.)

  • Hearing

    Dec 16, 2016

  • Type

    Employment

  • Sub Type

    Wrongful Term

RACHELLE VASQUEZ VS SAN DIMAS RETIREMENT

office, official or agency (numbers (2) through (5) collectively, ‘a government complaint’).

  • Hearing

    Dec 13, 2016

DON MYERS VS MERRILL MUTUAL LLC ET AL

Likewise, Defendants rely upon Citizens for Responsible Government v. City of Albany, but the agreements at issue were not only government agreements, but the Albany mayor was authorized to sign the agreements by a resolution of an executive session of the city council on February 20, 1996.” (Citizens for Responsible Government v.

  • Hearing

    Dec 12, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SMARANDACHE VS DEL BIANCO

(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

    Dec 01, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SMARANDACHE VS DEL BIANCO

(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

    Dec 01, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MINA ZARAGOZA VS RAMON CABRERA

“When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).” CCP § 708.510(e).

  • Hearing

    Nov 15, 2016

GOBAR VS. RFG-SJG LLC

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

  • Hearing

    Nov 08, 2016

  • Type

    Contract

  • Sub Type

    Breach

GOBAR VS. RFG-SJG LLC

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

  • Hearing

    Nov 08, 2016

  • Type

    Contract

  • Sub Type

    Breach

GOBAR VS. RFG-SJG LLC

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

  • Hearing

    Nov 08, 2016

  • Type

    Contract

  • Sub Type

    Breach

GEORGIA ANN SILVA VS LOS ANGELES COUNTY/CITY

Under the statutory scheme in California, all government tort liability must be based on statute. Duarte v. City of San Jose (1980) 100 Cal.App.3d 648, 653. Government Code section 815, enacted in 1963, abolished all common law or judicially declared forms of liability for public entities, except for such liability as may be required by the federal or state Constitution. Cochran v. Herzog Engraving Co. (1984) 155 Cal. App. 3d 405, 409.

  • Hearing

    Nov 04, 2016

  • County

    Los Angeles County, CA

SOHRAB ROSHANIAN VS. CITY OF OXNARD

If governed by CalPERS, a pension can only be determined by the provisions of PERL (Public Employees' Retirement Law). Molina v. Bd. of Admin., California Pub. Employees' Ret. Sys. (2011) 200 Cal. App. 4th 53, 64. Molina involved a retired employee of the city of Oxnard which is a member of CalPERS. Id at page 56. While P's counsel does not use the term, the allegations of the first amended complaint reflect that addressing the pension issue with CalPERS would have been futile.

  • Hearing

    Oct 28, 2016

NICOLE LIRIO ET AL VS BANZAI BEACH LLC ET AL

Government Code section 12965(b) Plaintiff argues that Government Code section 12965(b) provides an express exception to section 1032(b). The California Supreme Court has recently articulated the standard for determination of costs to be awarded to a defendant in a FEHA action. (See Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97.)

  • Hearing

    Oct 27, 2016

  • Type

    Employment

  • Sub Type

    Wrongful Term

JAMES E ELIAS VS SYNCHRONY BANK

(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

    Oct 13, 2016

ANDERSON V. PALM VILLAGE RETIREMENT COMMUNITY

or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen or disabled person. (3) Whether one or more senior citizens or disabled persons are substantially more vulnerable than other members of the public to the defendant's conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct.

  • Hearing

    Oct 03, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DOE WOLFF VS. MT. DIABLO U.S.D

Discussion AR 3320 and BP 3320 There are two sections of the Government Code (§§ 905(m) and 935), along with BP 3320 and AR 3320, that provide the starting point for the Court’s analysis.

  • Hearing

    Aug 25, 2016

  « first    1 2 3 4 5 6 7 8 9     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we gather your results.