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Applying California law, the United States Court of Appeals for the Ninth Circuit has held that a fiduciary liability policy’s Prior and Pending Proceeding Exclusion did not bar coverage for litigation concerning implementation of a settlement agreement resolving a prior lawsuit because the two actions did not “arise out of the same facts or circumstances.”
In 1998, employee benefit plan members brought suit against the insured plan asserting that the California Supreme Court’s holding in
Ventura County Deputy Sheriffs’ Association v. Board of Retirement, 16 Cal. 4th 483 (1997), applied retroactively to require that certain compensation be deemed “compensation earnable” for purposes of calculating retirement benefits (the 1998 Action). The 1998 Action resulted in a settlement agreement in 2001 (the 2001 Agreement) that established a supplemental reserve fund to provide plan members with new retirement ben
Numerous courts have ruled that California law enforcement agencies across the state must comply with the 2019 police disclosure law one of the last holdouts was also asked to comply on Wednesday.
(CN) The Ventura County Sheriff’s Office will have to get with the times as an appellate court panel on Wednesday said they are not exempt from a 2019 California law that makes police misconduct records available to the public.
A union representing Ventura County Sheriff’s deputies argued that California’s Senate Bill 1421 should not apply to records generated before the law went into effect Jan. 1, 2019. The union argued any records on police misconduct, use of deadly force and other disciplinary files before that date were off limits because state lawmakers did not specify if the law would apply retroactively.
Editor s note: This story has been updated to add comments from the Ventura County Deputy Sheriffs Association on the court opinion.
An appellate court Wednesday overturned a Ventura County judge s ruling blocking the release of certain police misconduct records made public under a 2018 law.
The three-justice panel in the 2nd District Court of Appeal s Division Six, located in downtown Ventura, reversed the trial court s judgment and dissolved a court order opening up the records to the public for the first time.
Ventura County was the last jurisdiction in the state where police unions were challenging the scope of Senate Bill 1421 over privacy concerns and claims the law was not retroactive. The bill took effect Jan. 1, 2019.
California law expanded the public’s access to police records in 2019, but one court ruling has exempted the Ventura County Sheriff’s Department.
(CN) Police records and privacy were on the minds of a three-judge appellate panel on Thursday as they listened to attorneys argue about the purpose of a California law that expanded the state’s public records law.
Over 400 police agencies in California found themselves under a new law in 2019 that made available non-confidential records on misconduct, use of excessive force and police shootings. Numerous police unions fought to limit the law in court. They argued the law should not be applied to police records created before the law went into effect.