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CASTANEDA v. DEPARTMENT OF CORRECTIONS & REHABILITATION

No. B229246.

207 Cal.App.4th 1488 (2012)

144 Cal. Rptr. 3d 641

YANIRA CASTANEDA, as Personal Representative, etc., et al., Plaintiffs and Respondents, v. DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Appellant.

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

July 26, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris, Attorney General, Richard J. Rojo, Mark V. Santa Romana and Daniel Helfat, Deputy Attorneys General, for Defendant and Appellant.

Public Justice, Adele P. Kimmel; Willoughby Doyle and Conal Doyle for Plaintiffs and Respondents.

OPINION

ALDRICH, J. —

INTRODUCTION

In this opinion, we address two distinct issues arising from a lawsuit against the State of California. The first issue is whether the state's litigation conduct estops it from raising noncompliance with the Government Tort Claims Act (the Act) (Gov. Code, §§ 900 et seq., 945.4).1 The second issue...

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