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KELLY v. COUNTY OF LOS ANGELES

No. B176552.

46 Cal.Rptr.3d 335 (2006)

141 Cal.App.4th 910

Consta KELLY, Plaintiff and Respondent, v. COUNTY OF LOS ANGELES, Defendant and Appellant.

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

July 26, 2006.

Attorney(s) appearing for the Case

Law Offices of Hausman & Sosa, Jeffrey M. Hausman and Larry D. Stratton, Encino, for Defendant and Appellant.

Law Offices of Steven R. Pingel, Steven R. Pingel, Long Beach, and Larry J. Roberts, for Plaintiff and Respondent.

PERLUSS, P.J.

Recognizing a local government employer might dismiss an employee after determining the employee is incapacitated and unable to perform his or her job duties or those of an alternative position only to have the county retirement board subsequently conclude the employee is not entitled to a disability retirement, the Legislature in 1970 amended the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et seq.)1...

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