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KREUTZER v. CITY AND COUNTY OF SAN FRANCISCO

No. A116389.

166 Cal.App.4th 306 (2008)

MICHAEL CHRISTOPH KREUTZER, Plaintiff and Respondent, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant.

Court of Appeals of California, First District Division Four.

August 26, 2008.

Attorney(s) appearing for the Case

Dennis J. Herrera, City Attorney, Elizabeth S. Salveson, Chief Labor Attorney, Danny Chou, Chief of Appellate Litigation, Terrence J. Howzell and Michael J. Leon Guerrero, Deputy City Attorneys, for Defendant and Appellant.

Ann Miller Ravel, County Counsel (Santa Clara) and Kathryn J. Zoglin, Deputy County Counsel, for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Defendant and Appellant.

Law Offices of Michael S. Sorgen, Michael S. Sorgen and Andrea Adam Brott for Plaintiff and Respondent.

OPINION

RUVOLO, P. J.—

In this opinion, we conclude that a government employee hired into a position expressly classified as exempt from civil service is not entitled to the protections of the civil service system upon the employee's release from the position, even if a court finds that, based on the duties of the position, it should not have been classified as exempt. We also hold that where a government employee is released from employment...

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