DOWNLOAD CASE FILES

Overview: For a quick overview of this matter, please first review Alex Resp Argument to CalPERS Board w Memos. Alex Resp Argument to CalPERS Board w Memos.pdf .

Two (2) Internal CalPERS Memos: 2 Internal CalPERS memos about Alexander's pension from 1991 and 1995 are attached above.

Two (2) Court Decisions: In the Clarence and Frances Alexander pension matter versus California Public Employees Retirement System (CalPERS) and the Legislators' Retirement System (LRS), there was (1) an initial administrative hearing and (2) a Writ Hearing in Sacramento Superior Court.

Administrative Hearing: The documents listed under Administrative Hearing were filed in the Office of Administrative Hearings, Sacramento before the Honorable Judge Jonathan Lew In the matter of Pension Benefits of Clarence and Frances Alexander OAH N2005040366 in 2005-6.

Superior Court Writ: The documents listed under the Writ Hearing were filed in Sacramento Superior Court before the Honorable Judge Jack Sapunor in the Petition for Writ of Mandate, Writ of Administrative Mandamus and Other Extraordinary Relief 06 CS 01759 in 2006-7.

Two (2) Legislative Counsel Opinions: The 1998 Opinion of the Office of Legislative Counsel was not filed in court, although one was requested by the CalPERS Board." The 2006 Oral Opinion also conclusively supports Alexander.

Selected Exhibits:  Alex. v. CalPERS Exhibits Extracted 7-12-07.pdf were some of the hundreds of pages of exhibits offered or admitted to the Court.


COURT DOCUMENTS

Alexander v, CalPERS LRS Administrative Hearing:
Alexander_v._CalPERS.pdf Judge Lew's 40 page Proposed Decision that is the final administrative decision.

Alex Resp Argument to CalPERS Board w Memos.pdf Alexander's counsel provided this 6 page argument to the CalPERS Board of Administration

Alexander- ALJ Lew Advanced Ruling on LAW OAH 11-23-2005 Judge Lew, after considering thousands of pages of pleadings and exhibits, rendered this Advanced Ruling on the Law in late 2005.

Alexander Brief OAH CalPERS fiduciary Duties et al Alexander submitted this brief to the court about CalPERS' fiduciary duties, especially the duty to inform.

Alexander’s Opening Trial Brief OAH Alexander submitted this fairly comprehensive Opening Trial Brief before CalPERS submitted its briefing.

OAH Brief Against Equitable Defenses Alexander submitted this Brief in opposition to CalPERS' late and untimely filed defenses.

Closing Trial Brief Alexander submitted this Closing Brief, and accompanying individual briefs, at the conclusion of taking evidence in the administartive hearing.

CA Leg Counsel Op #5606 3-2-1998 GC 9359.10 (Driscoll) Although this was not submitted to the court, the Office of Legislative Counsel wrote this opinion on the proper interpretation of Government Code 9359.10 in 1998.

CalPERS-Opening-Trial-Briefin.pdf CalPERS Opening Trial Brief in the Administrative Hearing.

OAH CalPERS’ Opening Trial Brief in Alexander Feb 2006

OAH Reply Brief to CalPERS’ Closing Trial Brief 3-14-06 Alexander's Reply Brief to CalPERS' Closing Brief.

 

Alexander, Matus v. CalPERS/LRS Writ Hearing:

Amnd_d_Opp_Brief.pdf CalPERS Opening Brief in the Writ Hearing about the proper interpretation of Government Code 11517 and the St. Francis v. Shewry precedent case.  CalPERS Amended Brief about the meaning and intent of Government code 11517, including whether it is discretionary or mandatory.

Seabourn_Declaration.pdf Cal PERS Counsel Margaret Seabourn's Declaration about what occurred between June 22 and Decemberr 2006, including declaration about the dates and times that CalPERS contacted the Peters' Shorthand to learn about the status of the transcripts.

Alexander’s Reply Brief re Stay Order Alexander's  Reply Brief citing evidence that contradicts CalPERS' Counsel's Declaration.

Writ Alexander’s Second Amended Brief Alexander's Brief on the proper interpretation of Government  Code 11517, the legislative history, the intent to prevent administrative limbo, and the St Francis v. Shewry precedent.

Alexander’s Reply Brief Second Amended Petition for Writ 5-9-07 Alexander's Reply Brief

Writ Alexander’s Opening Brief in Support of Writ of Mandamus Alexander's Opening Brief on the meaning, intent, and proper interpretation of Government Code 11517 and the St Francis precedent

Stay Order
Stay_Order_Hon_Sapunor_06CS01759_Feb_2__2007.PDF is a Stay Order finding that CalPERS unreasonably(and likely intentionally) delayed holding a final hearing and stays all proceedings before CalPERS

Ruling on Submitted Matter

Ruling_on_Submitted_Matter_Hon._Sapunor_06CS01759.PDF is the final ruling that requires CalPERS and LRS to adopt the Proposed Decision in accordance with Government Code 11517.

Miscellaneous

Alex_Transcripts_of_Admin_Hearing_0228
Alex_Transcripts_of_Admin_Hearing_02271
Alex_Transcripts_of_Admin_Hearing_03011
Sarasohn_memo_p_1_1_28_81
Sarasohn_memo_p_2_1_28_81

            “These documents are provided for informational use only. They do not constitute legal advice. Authors disclaim any warranties of any kind. We strongly recommend that you consult an attorney.”



 



 

 

 
 
   
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