San Bernardino Seal

By Ryan Hagen
ryan.hagen@ @sbcitynow on Twitter
Posted: 07/17/2013 07:26:18 PM PDT

RIVERSIDE >> In a bankruptcy hearing Wednesday in which both San Bernardino and its main creditor accused the other of misrepresenting important facts, the judge overseeing the case pushed back against CalPERS on several points.

U.S. Bankruptcy Judge Meredith Jury said she continued to think much of the information the California Public Employees’ Retirement System was asking the city to produce was irrelevant to her upcoming decision on whether the city qualifies for bankruptcy protection.

Jury said she hadn’t made up her mind on the issue, but she wanted a specific list of information the CalPERS thinks would help it show the city didn’t have a desire to effect a plan to adjust its debts or hadn’t filed for bankruptcy in good faith.

In a tentative ruling, Jury said she viewed those requirements — the basis of CalPERS’ argument that San Bernardino isn’t eligible for bankruptcy protection — as unrelated to what individual officials may have thought because the city as a body has declared that it does have that desire and did act in good faith.

And in multiple instances Wednesday, Jury said the implication behind something CalPERS’ attorneys said was misleading.

“Standing between me and that ruling is your party,” she told CalPERS attorney Michael Gearin at one point, “and for you to imply that somehow the city is standing between you and that ruling is just wrong. You hold the cards in that part of the case.”

But she also said she took seriously allegations that the city wasn’t giving information required by the California Public Records Act.

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