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WESTLY v. CAL. PERS BD. OF ADMINISTRATION

No. C039686.

130 Cal.Rptr.2d 149 (2003)

105 Cal.App.4th 1095

Steve WESTLY, as Controller, etc., Plaintiff and Appellant, v. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BOARD OF ADMINISTRATION et al., Defendants and Appellants.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing February 25, 2003.

Review Denied April 23, 2003.

Attorney(s) appearing for the Case

Remcho, Johansen & Purcell, Joseph Remcho, Robin B. Johansen, James C.

Harrison, San Francisco, & Miguel Marquez; Strumwasser & Woocher, Fredric D. Woocher, and Michael J. Strumwasser, Santa Monica, for Plaintiff and Appellant.

Jones, Day, Reavis & Pogue, Elwood Lui, Jeffrey A. LeVee, Peter G. McAllen, and Emma Killick, Los Angeles; Jones, Day, Reavis & Pogue, Stephen J. Goodman, Washington, D.C.; California Public Employees' Retirement System, Peter Mixon, Deputy General Counsel, for Defendants and Appellants.

Kathy M. Katano-Lee, Oakland, for Alameda County Employees' Retirement Association; Steefel, Levitt & Weiss, Harvey L. Leiderman, San Francisco, Ashley K. Dunning for Board of Retirement of Orange County Employees' Retirement System; Christopher W. Waddell for California State Teachers' Retirement System as Amici Curiae on behalf of Defendants, Appellants and Respondents.

BLEASE, Acting P.J.

At issue is the meaning of the provision of article XVI, section 17 of the California Constitution (Art. XVI, § 17), that grants the Board of Administration (the Board) of the California Public Employees' Retirement System (CalPERS) "plenary authority ... for ... administration of the system. ..."

Art. XVI, § 17 provides in pertinent part:

"Notwithstanding any other provisions of law or this Constitution to the contrary...

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