O'Neal v. Stanislaus County Employ. Retirement Assn.
This is an appeal from a judgment dismissing an amended complaint for damages and for declaratory and injunctive relief against a county employees' retirement
association. The case involves actions taken by a county retirement association in transferring funds from a supplemental benefits account to the general trust fund and in establishing a schedule for the county's payment of unfunded liabilities of the retirement plan. We conclude the trial court erred in sustaining respondent's demurrer to appellants' complaint and, thereafter, in granting judgment when appellants declined to further amend their complaint. In summary, we conclude appellants have standing to seek declaratory and injunctive relief and have adequately pled causes of action for such relief. At the demurrer stage, of course, there is no way to know whether appellants ultimately will prevail, but we conclude the demurrer should have been overruled. Accordingly, we reverse the judgment.
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