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Case Name | Baillargeon v. Dept. of Water & Power | |
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Date | 05/11/1977 | |
Note | Tolling rule suspends statute of limitations to date decision becomes final, not when filed. | |
Citation | 69 Cal.App.3d 670, 42 CCC 1142 | |
WCC Citation | WCC 26531977 CA |
DORIS BAILLARGEON, Plaintiff and Appellant, v. DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES et al. , Defendants and Respondents (Opinion by Jefferson (Bernard), J. , with Kingsley, Acting P. J. , and Dunn, J. , concurring. )Plaintiff Doris Baillargeon filed against defendants Department of Water and Power of the City of Los Angeles (hereinafter, Department), Water and Power Employees Retirement Plan (hereinafter, The Plan), and Board of Administration of the Water and Power Employees Retirement Plan (hereinafter, Board), a complaint entitled '1. 'Like the demurrer, the motion for judgment on the [69 Cal. App. 3d 676] pleadings is confined to the face of the pleading under attack. Second, a sufficient complaint cannot be thus attacked by reference to matters set forth in the answer. Labor Code sections 5900, 5903 and 5950 establish that plaintiff's compensation award was not final on January 14, 1972.
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