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HERRICK v. STATE OF CALIFORNIA

Docket No. 67339.

149 Cal.App.3d 156 (1983)

196 Cal. Rptr. 663

ELIZABETH S. HERRICK et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

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

November 23, 1983.

Attorney(s) appearing for the Case

COUNSEL

John B. Mestad for Plaintiffs and Appellants.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Henry G. Ullerich and Christopher C. Foley, Deputy Attorneys General, for Defendants and Respondents.

OPINION

JOHNSON, J.

Plaintiffs are participants in the State of California deferred compensation plan. The essence of their complaint is that the method by which the state assesses and collects the administrative costs of the plan from the participants violates the fiduciary duty owed to the participants by the state as trustee of the deferred compensation funds and violates the terms of the plan itself.

The trial court ruled...

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