LEXIN v. SUPERIOR COURT

No. S157341.

47 Cal.4th 1050 (2010)

103 Cal. Rptr. 3d 767

222 P.3d 214

CATHY LEXIN et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

January 25, 2010.


Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher and Theodore J. Boutrous, Jr., for Petitioners.

Gibson, Dunn & Crutcher and Nicola T. Hanna for Petitioner Cathy Lexin.

Coughlan, Semmer & Lipman, R. J. Coughlan, Jr., and Earll M. Pott for Petitioner Ronald Lee Saathoff.

Steven J. Carroll, Public Defender, and Greg S. Maizlish, Deputy Public Defender, for Petitioner John Anthony Torres.

Hahn & Adema and David A. Hahn for Petitioner Mary Elizabeth Vattimo.

Law Office of Frank T. Vecchione and Frank T. Vecchione for Petitioner Teresa Aja Webster.

Damiani Law Group and Lisa J. Damiani for Petitioner Sharon Kay Wilkinson.

Jennifer B. Henning, upon request of the Court of Appeal, and Daniel S. Hentschke for California State Association of Counties, League of California Cities and Association of California Water Agencies as Amici Curiae on behalf of Petitioners.

Klausner & Kaufman, Robert D. Klausner and Adam P. Levinson for National Conference on Public Employee Retirement Systems as Amicus Curiae on behalf of Petitioners.

Schwartz, Steinsapir, Dohrmann & Sommers, Robert M. Dohrmann and Henry M. Willis for Local 18, International Brotherhood of Electrical Workers, AFL-CIO as Amicus Curiae on behalf of Petitioners.

Reed Smith, Harvey L. Leiderman and Jeffrey R. Rieger for Board of Retirement of the Contra Costa County Employees' Retirement Association and Board of Retirement of the Orange County Employees' Retirement System as Amici Curiae on behalf of Petitioners.

Steefel, Levitt & Weiss, Manatt, Phelps & Phillips, Ashley K. Dunning, Amy B. Briggs and Kelly L. Knudson for Los Angeles County Employees' Retirement Association, Los Angeles City Employees Retirement System, Los Angeles Fire and Police Pension System, Los Angeles Water and Power Employees Retirement Plan, Alameda County Employees' Retirement Association, Kern County Employees' Retirement Association, Marin County Employees' Retirement Association, Merced County Employees' Retirement Association, Sacramento County Employees' Retirement Association, San Bernardino County Employees' Retirement Association, San Mateo County Employees' Retirement Association, Sonoma County Employees' Retirement Association, Stanislaus County Employees' Retirement Association, Ventura County Employees' Retirement Association, California Public Employees' Retirement System and California State Teachers' Retirement System as Amicus Curiae on behalf of Petitioners.

Tosdal, Smith, Steiner & Wax, Ann M. Smith and Fern M. Steiner for San Diego Municipal Employees Association, Deputy Sheriffs' Association of San Diego County, SEIU Local 221, Teamsters Local 542 and Teamsters Local 952 as Amici Curiae on behalf of Petitioners.

Robert E. Lindquist, Alice O'Brien, Rosalind D. Wolf, Michael D. Hersh, John F. Kohn and Brenda Sutton-Wills for California Teachers Association as Amicus Curiae on behalf of Petitioners.

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Stephen P. Acquisto and Mark R. Beckington, Deputy Attorneys General, for California Public Employees' Retirement System as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Bonnie M. Dumanis, District Attorney, Stephen R. Robinson, Craig E. Fisher and William J. La Fond, Deputy District Attorneys, for Real Party in Interest.


OPINION

WERDEGAR, J.

This case is a residuum of the fiscal crisis that swept the City of San Diego (City) over the last decade. That crisis, arising from the City's failure to fund its employee retirement system adequately, led to federal investigations of the City's bond disclosures, suspension of the City's credit rating, class action lawsuits against the City for underfunding, the...

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