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BJORNDAL v. SUPERIOR COURT

No. A134517.

211 Cal.App.4th 1100 (2012)

JUDITH BJORNDAL, Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; VAN A. PENA, Real Party in Interest.

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

December 12, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Alicia Fowler , Assistant Attorney General, Fiel Tigno and Terry Senne , Deputy Attorneys General, for Petitioner.

Law Offices of Lawrence J. King and Lawrence J. King for Real Party in Interest.

OPINION

MARGULIES, J.

Defendant Judith Bjorndal filed this petition for a writ of mandate (petition) after the trial court overruled her demurrer to plaintiff Van A. Pena's amended complaint. Pena had originally sued Bjorndal in 2002 for retaliatory termination in essentially identical state and federal lawsuits. While the state lawsuit languished, Pena pursued the federal action for nearly 10 years, twice successfully appealing adverse judgments...

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