Court Issues Ruling on SDCERS' Change of Venue Request for Substantially Equal Case

Date: Nov 15, 2011

 

In an unpublished opinion filed on November 10, 2011, the Court of Appeals (Court) issued its ruling on SDCERS' Motion to Change Venue in the Substantially Equal Case.

On February 10, 2011, Judge Lewis granted SDCERS' Motion to Change Venue, which the City then appealed. The Court found that Judge Lewis reasonably exercised her discretion to transfer the case to Los Angeles, particularly in light of the City’s vigorous urging of the need for prompt resolution of the merits of its claim.  The Court then noted that due to the delay caused by the City’s pursuit of this appeal, the need for prompt resolution no longer appeared important.   

Because taxpayer savings now seemed more important than a speedy trial on the issue, the Court felt that assignment of the matter to a disinterested judge would serve that purpose.  The Court returned the matter to Judge Lewis with directions that she request the chairperson of the Judicial Council to appoint a disinterested judge from a neutral county to hear the case.  This ruling ensures that the case will be heard by a neutral judge, free from any local bias or local press influence.

Click here to go to the Substantially Equal (UAL) Litigation Page on this website to read the ruling, as well as other court documents.

For background on this case, click the related "Latest News" items below published previously on this website.


 Judge Grants Change of Venue Request for "Substantially Equal" case - 2.10.11
 Retirement Board Takes On "Substantially Equal" - 6.2.10
 SDCERS Responds to City's Lawsuit on "Subtantially Equal" Contributions - 5.5.10




Document Under Categories: Litigation

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