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BERNARD v. CITY OF OAKLAND

Nos. A127853, A127844.

202 Cal.App.4th 1553 (2012)

STEVEN BERNARD et al., Plaintiffs and Appellants, v. CITY OF OAKLAND, Defendant and Respondent; CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Real Party in Interest and Respondent. RICHARD MARTINEZ et al., Plaintiffs and Appellants, v. CITY OF UNION CITY, Defendant and Respondent; CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Real Party in Interest and Respondent.

Court of Appeals of California, First District, Division One.

January 30, 2012.

Attorney(s) appearing for the Case

Wylie, McBride, Platten & Renner, John McBride and Christopher E. Platten for Plaintiffs and Appellants.

Meyers, Nave, Riback, Silver & Wilson and J. Scott Smith for Defendant and Respondent City of Union City.

Vicki A. Laden, Deputy City Attorney, for Defendant and Respondent City of Oakland.

Davis Wright Tremaine and John R. Tate for Defendant and Respondent California Public Employees' Retirement System.

OPINION

BANKE, J.—

I. INTRODUCTION

Plaintiffs in these cases, retired firefighters or their surviving spouses, contend the City of Oakland and Union City were required to make additional payments toward their health care coverage on January 1, 2007, pursuant to an amendment to the Public Employees' Medical and Hospital Care Act (PEMHCA; Gov. Code, § 22750 et seq.). The cities and the California Public Employees' Retirement...

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