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COUNTY OF LOS ANGELES DEPT. OF HEALTH SERVICES v. CIVIL SERVICE COM. OF COUNTY OF LOS ANGELES

No. B211625.

180 Cal.App.4th 391 (2009)

COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERVICES, Plaintiff and Respondent, v. CIVIL SERVICE COMMISSION OF THE COUNTY OF LOS ANGELES, Defendant, MARGARET LATHAM, Real Party in Interest and Appellant.

Court of Appeals of California, Second District, Division Eight.

December 18, 2009.

Attorney(s) appearing for the Case

Posner & Rosen, Howard Z. Rosen and Jason C. Marsili for Real Party in Interest and Appellant.

Hausman & Sosa, Jeffrey M. Hausman and Larry D. Stratton for Plaintiff and Respondent.

No appearance for Defendant.

OPINION

RUBIN, Acting P. J.—

This appeal presents a single question of law for our determination: Where civil service rules vest a civil service commission with jurisdiction over an employee's appeal of her discharge, including an attendant claim for a resulting loss of pay, does the employee's retirement during the pendency of civil service proceedings divest the commission of jurisdiction...

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