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KAVANAUGH v. CITY OF SUNNYVALE

Docket No. H007335.

233 Cal.App.3d 903 (1991)

284 Cal. Rptr. 698

THOMAS E. KAVANAUGH et al., Plaintiffs and Respondents, v. CITY OF SUNNYVALE, Defendant and Respondent; XEROX CORPORATION, Intervener and Appellant.

Court of Appeals of California, Sixth District.

August 26, 1991.

Attorney(s) appearing for the Case

COUNSEL

Mullen & Filippi, Marc B. Cohen and Stanley E. Shields for Intervener and Appellant.

O'Reilly & Collins, Terry O'Reilly, John C. Shaffer, Jr., and William H. Waysman for Plaintiffs and Respondents.

Mark G. Hyde for Defendant and Respondent.

OPINION

ELIA, J.

Xerox Corporation appeals the trial court's order granting attorney's fees to respondents Thomas E. and Mary Beth Kavanaugh. We conclude that Xerox was not a passive beneficiary of the litigation and therefore the award of attorney's fees pursuant to Labor Code section 38561 was improper. The judgment is reversed.

FACTS AND PROCEDURAL BACKGROUND

On May 23, 1984, Thomas...

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