On April 19, 2011, this petition for a writ of mandamus was filed against the CalPERS Board of Administration, its President, and its Chief Executive Officer for allegedly laundering the salary of a receiver appointed by the U.S. District Court through the state’s Administrative Office of the Courts (AOC).  CalPERS has filed a demurrer and a motion to strike.  CalPERS demurred on the grounds that the Petitioner failed to:

  • Exhaust his administrative remedies (Code Civ. Proc. § 430.10);
  • Join the necessary parties  – the receiver, the AOC and California Prison Health Care Receivership Corporation (Code Civ. Proc. § 430.10(d)); and
  • Establish standing.

In this tentative ruling, Sacramento Superior Court Judge Allen Sumner overruled the Respondents’ demurrer as to failure to exhaust administrative remedies and sustained the Respondents’ demurrer on the failure to join necessary parties.  Judge Sumner ordered the Petitioner to amend its petion to include the omitted parties and to serve them within 30 days.  Finally, Judge Sumner asked for further briefing on the Petitioner’s standing to bring the action.

A hearing is scheduled for 1:30 p.m. today on the demurrer and motion to strike.