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HERNANDEZ v. COUNTY OF SAN BERNARDINO

No. E033882.

12 Cal.Rptr.3d 452 (2004)

117 Cal.App.4th 1055

Pedro HERNANDEZ, Plaintiff and Appellant, v. COUNTY OF SAN BERNARDINO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

Review Denied August 11, 2004.

Attorney(s) appearing for the Case

Fitzpatrick, Spini & Swanston and Charles Swanston, Salinas, for Plaintiff and Appellant.

Ronald D. Reitz, County Counsel, and Alan L. Green, Deputy County Counsel, for Defendant and Respondent.

OPINION

GAUT, J.

1. Introduction

How far does the immunity from a suit for damages accorded under the Eleventh Amendment extend to a county acting as an arm of the state? In the present case, Pedro Hernandez, a resident of Monterey County, suffered wage garnishments and a levy upon his savings account because the Family Support Division (Family Support) of the office of San Bernardino County's District Attorney confused Hernandez with another...

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