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COUNTY OF ORANGE v. ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFFS

No. B218660.

192 Cal.App.4th 21 (2011)

COUNTY OF ORANGE, Plaintiff and Appellant, v. ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFFS et al., Defendants and Respondents.

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

January 26, 2011.

Attorney(s) appearing for the Case

Kirkland & Ellis, C. Robert Boldt , Elizabeth M. Kim , Robert R. Gasaway and Jeffrey Bossert Clark for Plaintiff and Appellant.

Pacific Legal Foundation, Meriem L. Hubbard and Harold E. Johnson for Pacific Legal Foundation and Fullerton Association of Concerned Taxpayers as Amici Curiae on behalf of Plaintiff and Appellant.

Filice Brown Eassa & McLeod and Paul R. Johnson for California Foundation for Fiscal Responsibility as Amicus Curiae on behalf of Plaintiff and Appellant.

John C. Eastman , Karen J. Lugo ; Law Office of Anthony T. Caso and Anthony T. Caso for Center for Constitutional Jurisprudence as Amicus Curiae on behalf of Plaintiff and Appellant.

Lurie Zepeda Schmalz & Hogan and Andrew W. Zepeda for Accounting Professionals as Amicus Curiae on behalf of Plaintiff and Appellant.

Morrison & Foerster, Miriam A. Vogel , Joseph L. Wyatt, Jr. , James P. Bennett , Tritia M. Murata ; Manatt, Phelps & Phillips and Thomas J. Umberg for Defendant and Respondent Association of Orange County Deputy Sheriffs.

Reed Smith , Harvey L. Leiderman and Jeffrey R. Rieger for Defendant and Respondent Orange County Employees' Retirement System.

Carroll, Burdick & McDonough, Gary M. Messing , Gregg McLean Adam , Jonathan Yank and Jason H. Jasmine for State and Local Public Employees as Amicus Curiae on behalf of Defendants and Respondents.

Edmund G. Brown, Jr. , Attorney General, Jonathan K. Renner , Assistant Attorney General, Stephen P. Acquisto and Hiren Patel , Deputy Attorneys General, for California Public Employees' Retirement System as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

JOHNSON, J.—

In 2008, the County of Orange (Orange County or the County) sued the board of the County's retirement plan, claiming that an enhanced retirement formula for prior years of service adopted in 2001 by the County Board of Supervisors violated the California Constitution. The County now appeals from the trial court's grant of motions for judgment on the pleadings and entry of judgment in favor of the Association of Orange...

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