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FOGARTY v. CITY OF CHICO

No. C052576.

55 Cal.Rptr.3d 795 (2007)

148 Cal.App.4th 537

Thomas V. FOGARTY et al., as Trustees, etc., Plaintiffs and Appellants, v. CITY OF CHICO, Defendant and Respondent.

Court of Appeal of California, Third District.

March 12, 2007.

Attorney(s) appearing for the Case

GCA Law Partners, Douglas B. Aikins, William D. Connell, Jeffrey K. Lee, Mountain View, for Plaintiffs and Appellants.

Allen Matkins Leek Gamble Mallory & Natsis, James L. Meeder, Michael Patrick Durkee, David H. Blackwell, San Francisco; David R. Frank, City Attorney, Lori J. Barker, Assistant City Attorney, for Defendant and Respondent.

DAVIS, J.

Plaintiffs Thomas and Mary Fogarty (in their capacity as the trustees of two trusts) appeal from a judgment of dismissal after the trial court sustained the demurrer of defendant City of Chico (City) and several individual defendants. They limit the scope of their appeal to a single count in their pleading against only defendant City.1 They contend the superior court erred in its conclusion that this count is time-barred. We...

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