On Monday morning, the Supreme Court will file its opinions in Ventura County Employees’ Retirement Assn. v. Criminal Justice Attorneys Assn. of Ventura County and Fox Paine & Co. v. Twin City Fire Insurance Co. (Briefs here; oral argument videos here and here.)
The Ventura County Employees’ opinion is expected to address this issue, as summarized by court staff: “For purposes of calculating retirement benefits for members of County Employees Retirement Law of 1937 (Gov. Code, § 31450 et seq.) retirement systems, does Government Code section 31461, subdivision (b)(2) exclude payments for accrued, but unused hours of annual leave that would exceed the maximum amount of leave that was earnable and payable in a calendar year?” The court granted review in April 2024. More about the case here and here. Third District Court of Appeal Justice Stacy Boulware Eurie is the pro tem.
Also as summarized by court staff, the issues in Fox Paine are: “(1) Where an insurance policyholder alleges loss sufficient to reach an excess policy, but that insurer’s obligation to pay is not yet triggered because underlying layers are not yet exhausted, may the policyholder nevertheless seek declaratory relief against the insurer? (2) Can a policyholder ever state a claim against an excess insurer for ‘bad faith’ conduct if the underlying policy layers are not yet exhausted?” The court granted review in December 2024. More about the case here. Horvitz & Levy filed an amicus curiae brief in support of two defendants. Justice Corrigan is recused. Fifth District Justice Thomas DeSantos and Third District Justice Aimee A. Feinberg are the pro tems.
These will be the fifth and sixth of nine early-May cases to be decided. The other three should be decided by August 3.
The Ventura County Employees’ and Fox Paine opinions can be viewed Monday starting at 10:00 a.m.
