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RUBIN v. CITY OF LOS ANGELES

Docket No. B015319.

190 Cal.App.3d 560 (1987)

235 Cal. Rptr. 516

IRVING DAVID RUBIN et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES et al., Defendants and Respondents.

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

March 23, 1987.

Attorney(s) appearing for the Case

COUNSEL

Paul L. Hoffman, Joan W. Howarth, Patricia Erickson, Hecht, Diamond & Greenfield and Roger Jon Diamond for Plaintiffs and Appellants.

James K. Hahn, City Attorney, Lewis N. Unger, Assistant City Attorney, and Linda K. Lefkowitz, Deputy City Attorney, for Defendants and Respondents.

OPINION

THOMPSON, Acting P.J.

This case presents an issue of first impression concerning the power of the trial court to create a nonstatutory, local state secrets privilege that functions as a special defense to bar or abate an action under Code of Civil Procedure section 597.1

For the reasons that follow, we shall find that the trial court improperly...

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