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 SDPOA. v. Michael Aguirre, City of San Diego, et al. lawsuit was filed on behalf of the San Diego Police Officers Association and currently includes claims against the defendants for:

1. Breach of Fiduciary Duty against the City, City Council Defendants and City Official Defendants;
2. Conversion(i) against the City, City Council Defendants and City Official Defendants;
3. Conversion of Trust against the City, City Council Defendants and City Official Defendants;
4. Fraud against the City, City Council Defendants and City Official Defendants;
5. Breach of Contract against the City;
6. Breach of Trust against the City, City Council Defendants and City Official Defendants;
7. Conspiracy to Violate Civil Rights against the City, City Council Defendants and City Official Defendants;
8. First Amendment Retaliation against the City;
9. Unconstitutional Impairment of Contracts against the City, City Council Defendants and City Official Defendants.
10. Unconstitutional Takings against the City, City Council Defendants and City Official Defendants;
11. Interference with Contractual relations against the City and City Counsel;
12. California Labor Code Violations against the City, City Council Defendants and City Official Defendants;
13. Violations of Public Policy per California Constitution against the City, City Council Defendants and City Official Defendants;
14. Violations of the Meyers-Milias-Brown-Act against the City, City Council Defendants and City Official Defendants;
15. Violations of Public Policy under the California Pension Protection Act of 1992 against the City, City Council Defendants and City Official Defendants;
16. Violations of the Brown Act against the City and some City Council Defendants;
17. Violations of Public Policy against the City, City Council Defendants and City Official Defendants.

Note: This is only a partial list. This list does not include all of the active claims.

Related cases

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

Court Documents

Third Amended Complaint and Demand for a Jury Trial; March 21, 2006

Press Releases

	06/13/07	Related Case - 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	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 - Castle Petersen & Krause, LLP files 504 Motions for Summary Judgment in Police Overtime Case against the City of San Diego
	03/19/07	Related Case -Police Officers' Lawsuit Against the City of San Diego, City Attorney and Other City Officials Survives Defendants' latest Motion to Dismiss.
	02/08/06	United States District Court Judge Orders Police Officers' Lawsuit Against the City of San Diego to Move Forward

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(i) Conversion - 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 Source: http://dictionary.law.com/
The definition of “Conversion” is included with the written permission of ALM.