Yost Appellate Brief Filed

On December 12, 2011, David Yost filed his Opening Appellate Brief in the (i) statute of limitations and (ii) Government Claims Act challenges against California Public Employees' Retirement System (CalPERS). Following CalPERS' new direction to limit pension claims, the trial court ruled that all pension claims (particularly class action or representative claims) are claims for "money or damages" which must be first filed with the Victims Compensation and Tort Claims Board (VCGCB) within one year of accrual or be forever barred. For more information, please see Yost v CalPERS AOB B232920.

CLASS ACTION LAWSUITS AGAINST CALPERS

Marzec, et al. v. CalPERS:

On May 18, 2011, David Marzec, Rachel Healy and Benjamin Esparza filed a class action lawsuit against the California Public Employees' Retirement System (CalPERS) challenging CalPERS wrongful practice of seizing the money that class members used to by optional retirement service credit such as prior military service and "ARSC" or "air time" after they suffered an industrial disability.

Marzec and the two other named plaintiffs invested tens of thousands of dollars each in the purchase of the additional service credit. They were later hurt at work and had to retire on an industrial disability retirement (IDR). CalPERS has refused to pay them the additional benefits they contracted for and refuses to refund their investments. It is likely that hundreds, maybe thousands, of other CalPERS members are also receiving little or nothing for their service credit
purchases.

For more information on the Marzec allegations, see the Class Action Complaint or visit www.AirTimeClassAction.com.

Yost v. CalPERS:
- Nine months before the Marzec complaint, on September 2, 2010, David Yost filed a similar class action. Three months later he filed a First Amended Complaint.

The Los Angeles Superior Court later issued an Order dismissing the case after granting CalPERS' Demurrer which argued that Yost had no right to proceed because he had not filed a claim with the Victim Compensation and Government Claims Board before filing suit. You can read CalPERS' Demurrer, Points and Authorities, and Reply Supporting Demurrer, and Yost's Opposition to Demurrer, Request for Judicial Notice in Opposition to Demurrer, and Supplemental Request for Judicial Notice In Opposition to Demurrer. The dismissal of the case is now on Appeal to the Court of Appeals.

MATUS:
- On December 17, 2009, the California Supreme Court affirmed the Third District Court of
Appeals' Opinion in favor of Matus.

 

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