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MATTHEWS v. STATE OF CALIFORNIA

Docket No. 56770.

104 Cal.App.3d 424 (1980)

163 Cal. Rptr. 741

RICHARD E. MATTHEWS, as Trustee, etc., Plaintiff and Appellant, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

April 10, 1980.

Attorney(s) appearing for the Case

COUNSEL

Kadison, Pfaelzer, Woodard, Quinn & Rossi, Morris Pfaelzer, Lee L. Blackman and Robert C. Pearman, Jr., for Plaintiff and Appellant.

George Deukmejian, Attorney General, Jeffrey T. Miller and Randall B. Christison, Deputy Attorneys General, Shutan & Trost, Robert H. Shutan and Marc S. Cohen for Defendants and Respondents.

OPINION

ROTH, P.J.

Pacific Homes, a California nonprofit corporation, has for many years in this and other states under the aegis of the United Methodist Church, operated retirement facilities for the aged under so-called life or continuing care contracts1 which constitute a kind of annuity insurance whereunder payments are made in services and commodities in return for a lump sum transfer of cash at the...

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