Ricotta

I.

INTRODUCTION

Thomas Ricotta, Sr. (Thomas) filed a complaint against the San Diego County

Employees Retirement Association (SDCERA) alleging seven causes of action. All of

Thomas's claims are based on the premise that SDCERA acted illegally in paying a

portion of Thomas's pension benefits to the estate of his former wife, Ellen Ricotta

(Ellen), pursuant to a 1998 family court order (1998 Order). Thomas maintains that the

1998 Order is defective and invalid.1 SDCERA filed a demurrer in which it argued that

it could not be held liable for obeying a court order, among other contentions. The trial

court sustained SDCERA's demurrer without leave to amend and entered judgment in

favor of SDCERA.

On appeal, Thomas claims that the 1998 Order is invalid on various grounds,

including that the pension benefits are his separate property and may not be paid to his

former wife's estate. Thomas also claims that the 1998 Order was procured by extrinsic

fraud and violates federal law, including the Americans With Disabilities Act (42 U.S.C.

§ 12131 et. seq.).

Thomas also named the Estate of Ellen Ricotta (Ellen's Estate) as a defendant. The trial…