Malkenhorst

INTRODUCTION

Bruce V. Malkenhorst, Sr. (Malkenhorst) appeals from an order sustaining without leave to amend the demurrer filed by the California Public Employees’ Retirement System (CalPERS) and its Board of Administration (Board) and dismissing the action. In this action, Malkenhorst seeks to prevent CalPERS from reducing his pension and to “abate” the ongoing administrative proceedings to address calculation of his pension. This case follows Malkenhorst’s failed effort in the Orange County Superior Court (the Orange County action) to obtain the same relief—indeed, in that action Malkenhorst sought to stop the same administrative proceeding challenged here. In the Orange County action, the trial court likewise sustained a demurrer and entered a judgment for CalPERS, which was affirmed on appeal by the Fourth District. (Malkenhorst v. California Public Employees’ Retirement System (Apr. 23, 2014, G047959) [nonpub. opn.] [2014 Cal.App.Unpub. LEXIS 2869].) The trial court in this case sustained the demurrer on the grounds Malkenhorst failed to exhaust his administrative remedies; the Orange County Superior Court had exclusive jurisdiction over the matter because the then-pending…