Back Wages Lawsuit Update

Dear Colleague,

On May 2, 2025, Judge Riff held a further hearing on CalHR’s demurrer to and motion to strike Judge Gilliard’s original class action complaint. Judge Riff overruled CalHR’s demurrer but found that Judge Gilliard’s claims are subject to a one-year statute of limitations. Thus, Judge Riff granted CalHR’s motion to strike Judge Gilliard’s allegations seeking relief for conduct outside of the one-year limitations period. Judge Riff also ordered that the discovery stay be lifted with respect to class certification discovery.

Because Judge Riff ordered Judge Gilliard to file an amended complaint to conform to his ruling on CalHR’s motion to strike, Judge Gilliard filed a Verified First Amended Complaint for Declaratory Relief and Verified First Amended Petition for Writ of Mandate on May 22, 2025. Judge Gilliard has also served CalHR with full sets of written discovery to which it must respond by August 15, 2025 (due to two granted extensions), as well as document subpoenas to the Controller, the CalHR Board, CalPERS, JRS, and JRS II.

A further case management conference is scheduled for August 4, 2025, at which Judge Riff has indicated he intends to set deadlines for briefing and the hearing on Judge Gilliard’s motion for class certification.

We will continue to keep you updated as the case proceeds.

Directors, Alliance of California Judges


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