Suit Against CalPERS to Force Payment of Interest on Withheld Funds & Benefits




News
 

Read the First Amended Complaint here.

On October 29, 2013, Plaintiffs' filed their Opposition to CalPERS Demurrer to First Amended Complaint, Notice and Motion to Request for Judicial Noitce in Support of Opposition, and Exhibit 1-6.

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On October 29, 2013, Plaintiffs' filed their Opposition to CalPERS Demurrer to First Amended Complaint, Notice and Motion to Request for Judicial Noitce in Support of Opposition, and Exhibit 1-6.

To read Plaintiffs' Opposition Click here.

To read Plaintiffs' Request for Judicial Notice Click here.

To read Plaintiffs' Exhibits 1-6 Click here.

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On September 16, 2013, Plaintiffs filed their First Amended Complaint.

Please read the Complaint, here.

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On March 8, 2013, Plaintiffs filed a Complaint seeking interest on monies, funds, benefits or contributions that CalPERS held or controlled. The proposed class action (BC502628) is filed in Los Angeles Superior Court, and assigned to Judge Shepard Wiley, Jr. in Department 311, in the Central Civil West courthouse.

On March 21, 2013. Judge Wiley set the initial status conference for June 12, 2013.

For more information, enter BC502628 at www.lasuperiorcourt.org/civilcasesummarynet/ui/


When is Interest Payable?
 


Interest Payable in Pension Cases.

Interest is generally required when pensions, benefits, or other payments are withheld. After succeeding in their lawsuit seeking to overturn legislation purporting to place a limit on cost-of- living increases, judges and judicial pensioners sought interest on the salary and pension increases illegally withheld. An award of prejudgment interest was proper: “Amounts of salary or pensions are damages within the meaning” of Civil Code section 3287(a).
(Olson v. Cory (1983) 35 Cal. 3d 390, 402; see Cortez v. Purolator Air Filtration Products Co., supra, at 174-175.)




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