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Injured Firefighters and Police Officers Who Bought Military Time, Air Time: Class Actions Against CalPERS

 

 

Yost v. CalPERS

This is the first of three class actions on the IDR military/air time issue. It was filed by Plaintiff David Yost in Los Angeles Superior Court in September 2010. CalPERS argued that Yost was not entitled to pursue his case because he had failed to first file a Government Claims form. Yost argued that he was excused from having to do so because CalPERS has its own claims process, and that CalPERS was only insisting on a Government Claims form to escape its lifetime duties to correct pension system errors when CalPERS owes money to Members or beneficiaries.

The judge dismissed the case in April 2011 on technical procedural grounds. The decision was appealed, but the Court of Appeal upheld the dismissal in October 2012. Yost asked the California Supreme Court to review the appellate decision but it declined to do so. The Yost case is now over.

You can read the following court pleadings in the case:

Superior Court:
Yost - Complaint
Yost - First Amended Complaint (FAC)
Yost - CalPERS' Demurrer to FAC
Yost - CalPERS' Memo in Support of Demurrer
Yost - Plaintiffs' Opposition to Demurrer
Yost - CalPERS' Reply In Support of Demurrer
Yost - Court Order Granting Demurrer

Appellate Court:
Yost - Plaintiffs' Opening Brief
Yost - CalPERS' Opposition Brief
Yost - Plaintiffs' Reply Brief
Yost - Appellate Court Opinion

Supreme Court:
Yost - Petition for Review
Yost - CalPERS' Opposition to Petition
Yost - Plaintiffs' Reply in Support of Petition
Yost - Supreme Court's Denial of Review