Appeal Court throws out Orange County lawsuit regarding Deputy Sheriff’s pensions

FOR IMMEDIATE RELEASE: January 26, 2011
FOR MORE INFORMATION: (714) 285-2800

APPELLATE COURT THROWS OUT COUNTY OF ORANGE LAWSUIT REGARDING DEPUTY SHERIFF PENSION ISSUE

After An Extremely Short Deliberation, The County Of Orange’s Legal Effort To Overturn 3% At 50 Pension Benefit For Orange County Deputies Is Thrown Out Of Court A Third Time

LOS ANGELES – The Second District Court of Appeals unanimously affirmed in a 3 to 0 opinion today, to uphold an earlier judgment by the Los Angeles County Superior Court, to throw out the County of Orange’s lawsuit to overturn 3% at 50 pension benefits for Orange County Deputy Sheriffs (COUNTY OF ORANGE v. ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFFS et al., Case #B218660). After an extremely quick 7 days of deliberation, the court also awarded the Association of Orange County Deputy Sheriffs (AOCDS) their costs for the appeal.

The decision marks the third time in 2 years the County of Orange has been rejected by the courts in their legal effort to overturn 3% at 50 pension benefits for Orange County Deputy Sheriffs. They were quickly tossed out of Los Angeles Superior Court last February 26 and again on May 22, before even being set for a formal hearing.

The County of Orange filed the controversial lawsuit in February 2008, despite having three different outside law firms they had hired for legal counsel, warn them they could not win such a case. As of July 31, 2010, they have spent almost $2.3 million on their legal costs.

“After three strikes, the County is out,” said Wayne Quint, President of the Association of Orange County Deputy Sheriffs (AOCDS). “We hope the Orange County Board of Supervisors now come to their senses and realize what we, and their attorneys, told them four years ago — they are wrong on the facts and wrong on the law on this one. They can’t win. They have been told this by three different law firms and four judges in two different courts. If they don’t realize it at this point, they are in major denial. How much more apparent can it be that they have no legal argument?”

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COUNTY OF ORANGE LEGAL COSTS FOR DEPUTY SHERIFF PENSION LITIGATION

As of July 31, 2010, the County of Orange has spent a total of $2,264,166.34 in legal costs associated with the Board of Supervisors’ litigation effort regarding Orange County Deputy Sheriffs’ pensions.

Law Firm Amount Paid

Orrick, Herrington & Sutcliffe LLP $ 99,598.40
(Jan. 1, 2006 to Dec. 1, 2007)

Reish Luftman Reicher & Cohen $125,561.04
(Jan. 1, 2007 to Dec. 1, 2007)

Snell & Wilmer LLP $ 57,713.00
(June 30, 2007 to Dec. 1, 2007)

Kirkland & Ellis LLP $1,981,293.90
(June 1, 2007 to July 31, 2010)
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TOTAL LITIGATION COSTS BY COUNTY $2,264,166.34

Kirkland & Ellis Billings

$ 138,461.10 (October 2007)
$ 82,753.25 (November 2007)
$ 60,004.56 (December 2007)
$ 106,538.09 (January 2008)
$ 38,202.72 (February 2008)
$ 133,317.84 (March & April 2008)
$ 65,123.57 (May 2008)
$ 95,405.18 (June 2008)
$ 61,424.67 (July 2008)
$ 21,231.07 (August 2008)
$ 52,559.88 (September 2008)
$ 51,877.56 (October 2008)
$ 72,609.49 (November 2008)
$ 80,938.84 (December 2008)
$ 228,109.14 (January 2009)
$ 155,873.17 (February 2009)
$ 104,559.92 (March 2009)
$ 76,968.04 (April 2009)
$ 67,903.31 (May 2009)
$ 12,057.65 (June 2009)
$ 37,561.93 (July 2009)
$ 19,462.68 (August 2009)
$ 25,910.49 (September 2009)
$ 5,762.87 (October 2009)
$ 5,063.05 (November 2009)
$ 110,448.35 (Dec. 2009 & Jan. and Feb. 2010)
$ 4,640.30 (March 2010)
$ 1,920.45 (April 2010)
$ 20,469.75 (May 2010)
$ 24,322.13 (June 2010)
$ 19,812.85 (July 2010)
$1,981,293.90 (October 2007 – July 2010)

* As per records provided by the County of Orange County Counsel’s office