Judge Jeffrey Barton has upheld his Dec. 14 ruling that the stakes of City Attorney Mike Aguirre’s pension lawsuit must be significantly scaled back, despite the objections Aguirre raised in court earlier this month.
Barton stated in his opinion, which he issued last Thursday, that Aguirre “raised several arguments outside the allegations” that should have been brought up during the trial itself. Raising those arguments in objections is too late, he said.
“The city cannot change the theories and evidence … for the first time after trial,” the judge stated.
The city, retirement system and employee unions are expected to meet in Barton’s courtroom Thursday afternoon to discuss the status of the lawsuit.
Aguirre said he expects the city this week to ask a Court of Appeal to reverse Barton’s verdict.