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ESTATE OF CIRONE

Docket No. H001577.

189 Cal.App.3d 1280 (1987)

234 Cal. Rptr. 749

Estate of JESSIE CIRONE, Deceased. BENNIE J. CIRONE, as Co-executor, etc., et al., Petitioners and Respondents, v. KENNETH CORY, as State Controller, Objector and Appellant.

Court of Appeals of California, Sixth District.

February 27, 1987.

Attorney(s) appearing for the Case

COUNSEL

D. Robert Shuman and Peter A. Baldridge for Objector and Appellant.

Bertram M. Berns and Howard C. Anawalt for Petitioners and Respondents.

OPINION

CAPACCIOLI, J.

The pivotal issue in this case is whether a restriction in the 1985 Budget Act line-item appropriation for payment of attorney fee awards made pursuant to Code of Civil Procedure section 1021.5,1 which limits expenditures to a maximum hourly rate of recovery, violates California Constitution's separation of powers doctrine (Cal. Const., art. III, § 3). We conclude it does not...

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