Affirming Class Action Victory for Pension Plan on Appeal

The California Third District Court of Appeal recently affirmed dismissal of a class action brought against our client, the San Joaquin County Employees’ Retirement Association (SJCERA) in Allum v. San Joaquin County Emples. Ret. Ass'n, 2021 Cal. App. Unpub. LEXIS 3984.

In 2019, we obtained summary judgment from the trial court on all claims in a $200 million class action lawsuit brought against SJCERA and its Board of Retirement by a certified class of nearly 1,800 SJCERA retirees. Plaintiffs claimed that the SJCERA Board had violated a settlement agreement by failing to allocate sufficient “excess earnings” of the trust fund to an account designed to fund a special benefit to members of the class. On motion for summary judgment, the court found that the plaintiffs’ claims lacked merit because, among other things, the Board’s actions were actuarially sound and consistent with its fiduciary duty to adequately fund the entire retirement plan for the benefit of all plan participants. The court also found that the plaintiffs’ claims were barred by the statute of limitations. On appeal, the appellate court affirmed the trial court decision and upheld dismissal of the entire action.

(For complete details on the prior case, see Winning Big for SJCERA in Defense Against $200 Million Class Action Lawsuit.)

Twitter/X Facebook LinkedIn
Jump to Page

Nossaman LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek