City of Oakland v. Police

240 Cal. Rptr. 3d 571, 29 Cal. App. 5th 688
California Court of Appeal, 5th District·Decided November 29, 2018·No. A144653·Published·Cited by 18 cases

Opinion

REARDON, J.*

*693Following this court's published decision in *575City of Oakland v. Oakland Police & Fire Retirement System (2014) 224 Cal.App.4th 210, 169 Cal.Rptr.3d 51 ( OPFRS )-which *694involved the legitimacy of certain retirement benefits regularly paid by the Oakland Police and Fire Retirement Board (Board) to members and beneficiaries of the Oakland Police and Fire Retirement System (PFRS)-the Retired Oakland Police Officers Association, along with several individual PFRS pensioners (collectively, the "Association") sought attorney fees in the trial court. Specifically, the Association-interveners in the underlying action-claimed an entitlement to fees under both California's private attorney general statute, Code of Civil Procedure section 1021.5 ( section 1021.5 ), and section 1988 of the federal Civil Rights Attorneys' Fees Award Act of 1976, 42 U.S.C. § 1988 ( section 1988 ). After considering the matter at some length, the trial court determined that fees were not warranted under either statute. On appeal, many of the trial court's numerous conclusions made in connection with its denial of fees are disputed either by the Association or by respondent City of Oakland (City). We have considered the arguments raised by both parties, and deem an award of attorney fees under section 1021.5 to be proper. We therefore reverse and remand the matter so that the trial court can determine the appropriate amount of such an award, consistent with our conclusions herein.1

I. BACKGROUND

"PFRS was created in 1951 when separate police and fire retirement systems were merged pursuant to article XXVI of the Oakland City Charter (Charter). (Charter, art. XXVI, § 2600.) Only members of the Oakland Police Department (Department) or Oakland Fire Department hired prior to July 1, 1976, are eligible for coverage by PFRS." ( OPFRS , supra , 224 Cal.App.4th at p. 216, 169 Cal.Rptr.3d 51.) "Pursuant to the terms of the Charter, PFRS is managed and administered by the Board, which has 'exclusive control of the administration and investment' of all PFRS funds." ( Ibid. ) As we summarized in OPFRS : "In a fixed pension system, benefits are paid to a retiree based on the compensation paid to that retiree for a defined period of time prior to retirement. [Citation.] PFRS, in contrast, is a 'fluctuating' system under which pension benefits paid to retired members increase or decrease over time as the compensation paid to active members of the Department similarly rises or falls. [Citations.] The primary purpose of a fluctuating pension plan such as PFRS 'is to guarantee the pensioner a fairly constant standard of living despite inflation, and to maintain equality of position between the retired member and the person (or persons) currently holding the rank the pensioner attained before his retirement.' [Citation.] Thus, a PFRS retiree receives benefits based on the compensation currently paid to active sworn personnel who hold the rank that *695the member held prior to retirement. Stated in terms of the applicable Charter language, the retiree receives benefits based on the current compensation that is 'attached to the average rank held' by that retiree in the three years prior to retirement." ( Id. at pp. 216-217, 169 Cal.Rptr.3d 51.)

"On June 14, 2011, the City filed a petition for writ of mandate and complaint for declaratory relief against PFRS and the Board in Alameda County Superior Court.

*576In its papers, the City claimed that the Board was overcompensating PFRS retirees in four specific ways: (1) by paying retirees at an excessive rate for holidays; (2) by paying retirees for too many holidays; (3) by including shift differential pay in the calculation of retiree benefits; and (4) by paying retirees who retired above the rank of captain at an excessive rate for holidays." ( OPFRS , supra , 224 Cal.App.4th at pp. 224-225, 169 Cal.Rptr.3d 51.) The City later dropped its fourth contention. ( Id. at p. 225, fn. 6, 169 Cal.Rptr.3d 51.) "PFRS and the Board filed their answer on August 1, 2011, disputing all of the City's overpayment claims. On August 24, 2011, the trial court granted the Association leave to intervene, and on August 29, 2011, the Association filed its complaint in intervention, joining PFRS and the Board in contesting the City's allegations." ( Id. at p. 225, 169 Cal.Rptr.3d 51.) In August 2012, the trial court granted the City's writ petition with respect to all three types of benefits described above. In particular, the court "ordered prospective relief and directed the Board to collect any overpayments, subject to the applicable statute of limitations." ( Ibid. ) The Board, PFRS, and the Association all appealed, but PFRS and the Board subsequently reached a settlement with the City and, at their request, were dismissed from this action. ( Id. at p. 215, fn. 1, 169 Cal.Rptr.3d 51.)

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City of Oakland v. Police, 240 Cal. Rptr. 3d 571, 29 Cal. App. 5th 688 (Cal. Ct. App. 2018).

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