Practice Groups

Case Summary

Gregory G. Petersen, Chair of the Complex Litigation Group at Jackson DeMarco Tidus Peckenpaugh, first filed a single lawsuit in August of 2005 on behalf of the SDPOA and many of its individual members, all current or former San Diego Police Officers. The initial lawsuit included claims against the defendants related to the underfunding of the pension, mishandling of the police officers' pension contributions, retaliation against the officers for their Union's inability to reach a collective bargaining agreement with the City who entered in the negotiations in bad faith, improper closed-door meetings and other claims. Subsequently, the Court split the lawsuit into two cases, separating the claims of the SDPOA (SDPOA v. Michael Aguirre, City of San Diego, et al.) from those of the individuals (Aaron, et al. v. Michael Aguirre, City of San Diego, et al.).

The Aaron, et al. v. Michael Aguirre, City of San Diego, et al. lawsuit has over sixteen hundred named plaintiffs and currently includes claims for:

1. Breach of Fiduciary Duty against the City of San Diego, City Council Defendants and City Official Defendants;
2. Conversion against Michael Aguirre, the City, City Council Defendants and City Official Defendants; ("Conversion" is defined as: a civil wrong, in which one converts another's property to his/her own use, which is a fancy way of saying "steals."(i))
3. Conversion of Trust against the City, City Council Defendants and City Official Defendants;
4. Breach of Contract against the City;
5. Breach of Trust against the City, City Council Defendants and City Official Defendants;
6. Contracts Clause Violations against Aguirre, the City, City Council Defendants and City Official Defendants;
7. Takings Clause Violations against Aguirre, the City, City Council Defendants and City Official Defendants;
8. Violations of Procedural Due Process against Aguirre, the City, City Council Defendants and City Official Defendants;
9. Conspiracy to Violate Civil Rights against the City, City Council Defendants and City Official Defendants;
10. Violations of Public Policy per California Constitution against Aguirre, the City, City Council Defendants and City Official Defendants;
11. Violations of Public Policy under the California Pension Protection Act of 1992 against the City, City Council Defendants and City Official Defendants;

Note: This is a partial list of claims

Related cases:

Abbe, et al. v. City of San Diego, et al. Case # 3:05-cv-01629 DMS(RBB) 2005
SDPOA v. Aguirre, City of San Diego, et al. Case # 3:05-cv-01581 H(POR) 2005

Court Documents

Fourth Amended Complaint and Demand for a Jury Trial; April 9, 2007

Press Releases

	06/13/07	Police Officers' Lawsuit Against the City of San Diego for Breach of Contract, Fiduciary Duty and Trust in Underfunding Its Pension Moves Closer to Trial
	05/25/07	Related Case - US District Court Forces City of San Diego to Produce Key Documents in Police Overtime Lawsuit and Allows Plaintiffs to Select Best Representative Sample to Proceed on Summary Judgment
	05/20/07	Related Case - Federal Judge Rules That the Central Claims in Police Officers' Lawsuit Against the City of San Diego Remain and Sets Further Hearings on the Case.
	03/30/07	Related Case -The City of San Diego Requests Further Delay in Police Officers's FLSA Lawsuit to prepare to respond to Plaintiffs' Motion to Dismiss.
	03/22/07	Related Case - 504 Motions for Summary Judgment filed in Police Overtime Case against the City of San Diego
	03/19/07	Police Officers' Lawsuit Against the City of San Diego, City Attorney and other City Officials Survives Defendants' latest Motion to Dismiss.

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(i)Source: http://dictionary.law.com/ n. a civil wrong (tort) in which one converts another's property to his/her own use, which is a fancy way of saying "steals." Conversion includes treating another's goods as one's own, holding onto such property which accidentally comes into the convertor's (taker's) hands, or purposely giving the impression the assets belong to him/her. This gives the true owner the right to sue for his/her own property or the value and loss of use of it, as well as going to law enforcement authorities since conversion usually includes the crime of theft. See also: theft
The definition of "Conversion" is included here with the written permission of ALM.