Exhibit 5 LUSE GORMAN POMERENK & SCHICK A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5335 WISCONSIN AVENUE, N.W., SUITE 400 WASHINGTON, D.C. 20015 TELEPHONE (202) 274-2000 FACSIMILE (202) 362-2902 www.luselaw.com WRITER'S DIRECT DIAL NUMBER WRITER'S EMAIL (202) 274-2000 November 24, 2004 Board of Directors K-Fed Bancorp 1359 North Grand Avenue Covina, California 91724 Re: K-Fed Bancorp 2004 Stock Option Plan and K-Fed Bancorp 2004 Recognition and Retention Plan: Registration Statement on Form S-8 ----------------------------------------------------- Gentlemen: You have requested the opinion of this firm as to certain matters in connection with the issuance of K-Fed Bancorp (the "Company") common stock, par value $0.01 per share (the "Common Stock"), pursuant to the K-Fed Bancorp 2004 Stock Option Plan (the "Stock Option Plan") and the K-Fed Bancorp 2004 Recognition and Retention Plan (the "Recognition Plan.") We have reviewed the Company's Charter, the Registration Statement on Form S-8 (the "Form S-8"), as well as applicable statutes and regulations governing the Company. Based on the foregoing, we are of the following opinion: Upon the effectiveness of the Form S-8 and when issued in accordance with the Stock Option Plan and Recognition Plan, the Common Stock will be legally issued, fully paid and non-assessable. This opinion has been prepared solely for the use of the Company in connection with the preparation and filing of the Form S-8, and should not be used for any other purpose or relied upon by any other person without the prior written consent of this firm. We hereby consent to the use of this opinion in the Form S-8. Very truly yours, /s/ Luse Gorman Pomerenk & Schick LUSE GORMAN POMERENK & SCHICK A Professional Corporation