Mariah K. Fairley

Mariah provides representation for public pension funds and businesses in a wide range of critical areas. With a background in administrative, fiduciary and commercial matters, she is a trusted advisor to clients seeking guidance on compliance matters and support in high-stakes litigation. Mariah is adept at navigating intricate statutory schemes, providing sound legal advice and crafting effective policy recommendations.

Experience

Representative matters

Robnett v. Board of Retirement for the San Jose Police & Fire Department, et al., No. 24-CV-02385-NC (N.D. Cal. 2024) (defending retirement plan’s denial of inclusion of military service time in pension calculation for failure to meet the terms of USERRA and San Jose Municipal Code requirements)

Weirum v. Santa Barbara County Employees’ Retirement Sys., No. 22CV04584 (Cal. Super. Ct., Cnty. of Santa Clara 2023) (defending retirement board’s exclusion of required overtime pay where not ordinarily served in members’ classification)

Palma v. Orange County Employees’ Retirement Sys., No. 30-2022-01280823-CU-WM-CJC (Cal. Super. Ct., Orange Cnty. 2023) (defending retirement board’s denial of disability retirement application)

Wilmot v. Contra Costa County Employees’ Retirement Ass’n, No. N22-0302 (Cal. Super. Ct., Cnty. of Contra Costa 2023) (defending retirement board’s decision to not reinstate forfeited benefits upon subsequent reduction of felony conviction to misdemeanor following completion of probation)

Szewczyk v. Orange County Employees’ Retirement Sys., No. 30-2022-01268984-CU-WM-CJC (Cal. Super. Ct., Orange Cnty. 2023) (defending retirement board’s exclusion of required overtime pay where not ordinarily served in members’ classification)

Morell v. Orange County Employees’ Retirement Sys., No. 22STCP02345 (Cal. Super. Ct., Cnty. of Los Angeles 2023) (defending retirement board’s denial of the pensionability of flexible benefit payments for health care reimbursements)

Shahrivar v. Board of Administration of the Federated City Employees’ Retirement Sys. of City of San Jose, No. 20CV366329 (Cal. Super. Ct., Cnty. of Santa Clara 2023) (defending plan against discrimination and due process claims asserted by member with pending service-connected disability retirement application)

Butler et al. v. Regents of the University of California, Yolo Superior Court No. CV2021-0939 (2023) (defending against breach of contract class action asserted by former students)

Casson v. Orange County Employees’ Retirement Sys., 87 Cal. App. 5th 1204 (Cal. Ct. App. 2023) (defending the retirement board’s interpretation of a disability retirement offset statutory provision to a retired member who consecutively retired from two different retirement systems)

Nowicki v. Contra Costa County Employees’ Retirement Ass’n, No. C17-01266 (Cal. Super. Ct., Cnty. of Contra Costa 2022) (denying attorneys’ fees claim against retirement board under Cal. Civ. Proc. Code section 1021.5)

Williams v. Board of Administration of the Federated City Employees’ Retirement System of City of San Jose, No. 21CV376950 (Cal. Super. Ct., Cnty. of Santa Clara 2022) (upholding retirement board’s denial of inclusion of overtime pay when determining outside earnings calculation)

Credentials

Education

University of Virginia, 2020, J.D., Black Law Students Association, Membership Chair; Virginia Journal of Social Policy & the Law, Editorial Board
University of California, Berkeley, 2016, B.A., Political Science