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McLEAN v. STATE OF CALIFORNIA

No. C074515.

228 Cal.App.4th 1500 (2014)

176 Cal. Rptr. 3d 734

JANIS S. McLEAN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Third District.

August 19, 2014.

Attorney(s) appearing for the Case

Kershaw, Cutter & Ratinoff, William A. Kershaw , Lyle W. Cook and Stuart C. Talley for Plaintiff and Appellant.

The Law Offices of Brooks Ellison and Patrick J. Whalen for California Attorneys, Administrative Law Judges and Hearing Officers in State Employment as Amicus Curiae on behalf of Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Fiel D. Tigno and William T. Darden , Deputy Attorneys General, for Defendants and Respondents.

OPINION

DUARTE, J. —

Plaintiff Janis S. McLean, a retired deputy attorney general, appeals from a judgment of dismissal after the trial court sustained the demurrer of defendants the State of California and California's State Controller's Office to her class action seeking waiting time penalties under Labor Code section 2031 for the failure to comply with the prompt payment requirements of

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