Mix

INTRODUCTION

In this action challenging the City of Oakland’s (City) issuance of pension obligation bonds for its police and fire employee retirement fund, the trial court held the lawsuit was untimely under the Validation Act (Code Civ. Proc., § 860 et seq.).1 The Validation Act permits a public agency to validate certain official acts within a 60-day period, particularly those which, as here, involve public bond funds. Where the public agency does not bring a validation action, the subject act becomes immune from attack unless an interested person brings a “reverse validation action” within the 60-day period. Because plaintiff David E. Mix did not challenge the decision to authorize the pension obligation bonds by means of a reverse validation action within the required 60-day period, we affirm.

1 All further statutory references are to the Code of Civil Procedure unless otherwise noted.

FACTUAL BACKGROUND

I. Background of the City’s Prior Validation Action

“[The Police and Fire Retirement System (PFRS)] was created in 1951 when separate police and fire retirement systems were merged pursuant to article XXVI of the Oakland City Charter (Charter). [Citation.] Only members…