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LEXIN v. CITY OF SAN DIEGO

No. D062970.

222 Cal.App.4th 662 (2013)

166 Cal. Rptr. 3d 335

CATHY LEXIN et al., Plaintiffs and Respondents, v. CITY OF SAN DIEGO, Defendant and Appellant.

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

As modified January 22, 2014.

Attorney(s) appearing for the Case

Jan I. Goldsmith , City Attorney, and David J. Karlin , Deputy City Attorney, for Defendant and Appellant.

Goldfarb & Lipman and James T. Diamond, Jr. , for League of California Cities as Amicus Curiae on behalf of Defendant and Appellant.

Gibson Dunn & Crutcher and Nicola T. Hanna for Plaintiff and Respondent Cathy Lexin.

Coughlan Semmer Fitch & Pott and Raymond J. Coughlan, Jr. , for Plaintiff and Respondent Ronald L. Saathoff.

Sheppard, Mullin, Richter & Hampton, Robert D. Rose , Karin D. Vogel ; Polek Law Group and Frank J. Polek for Plaintiff and Respondent John A. Torres.

David A. Hahn for Plaintiff and Respondent Mary Vattimo.

Law Offices of Frank T. Vecchione and Frank T. Vecchione for Plaintiff and Respondent Terri A. Webster.

Damiani Law Group and Lisa J. Damiani for Plaintiff and Respondent Sharon K. Wilkinson.

OPINION

McCONNELL, P. J. —

This is the latest appeal arising from the City of San Diego's (the City) infamous underfunding of its employment retirement system. In 2002 the Board of Directors (board) of the San Diego City Employees' Retirement System (SDCERS) approved the City's proposal to modify the funding plan to delete the potential of a balloon payment if the underfunded ratio fell...

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