TEACHERS' RETIREMENT BD. v. GENEST

No. C050889.

65 Cal.Rptr.3d 326 (2007)

154 Cal.App.4th 1012

TEACHERS' RETIREMENT BOARD, as Manager, etc., et al., Plaintiffs and Appellants, v. Michael C. GENEST, as Director, etc., Defendant and Appellant; John Chiang, as State Controller, etc., Defendant and Respondent; California Retired Teachers Association, Intervener and Appellant.

Court of Appeal of California, Third District.

August 30, 2007.


Attorney(s) appearing for the Case

Olson, Hagel & Fishburn, Deborah B. Caplan, N. Eugene Hill, Sacramento, and Richard C. Miadich for Plaintiffs and Appellants.

Mary Ellen Signorille, Melvin Radowitz and Barbara A. Jones for AARP as Amicus Curiae on behalf of Plaintiffs and Appellants and on behalf of Intervener and Appellant.

Stevens & O'Connell and Steven S. Kimball for Arkansas Retired Teachers Association, Maryland Retired School Personnel Association, Montana Retired Educators Association, New York State Retired Teachers' Association, Utah Retired School Employees Association, and Wisconsin Retired Educators' Association as Amici Curiae on behalf of Plaintiffs and Appellants and on behalf of Intervener and Appellant.

Nossaman, Guthner, Knox & Elliott and John T. Kennedy, Sacramento, for Defendant and Appellant.

No appearance for Defendant and Respondent.

Seyfarth Shaw, Kurt A. Kappes, Sacramento, and Jason T. Cooksey for Intervener and Appellant.


SCOTLAND, P.J.

While California was in a period of fiscal plight in 2003, the Legislature passed, and Governor Davis signed, Senate Bill 20 (SB 20), reducing the state's obligation to fund the Supplemental Benefit Maintenance Account of the Teachers' Retirement Fund by $500 million for fiscal year 2003-2004.

The Teachers' Retirement Board (TRB), as manager of the California State Teachers' Retirement System (CalSTRS), then filed a petition for writ of mandate...

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