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RODARTE v. ORANGE COUNTY FIRE AUTHORITY

No. G027871.

123 Cal.Rptr.2d 475 (2002)

101 Cal.App.4th 19

Michael RODARTE, Plaintiff and Appellant, v. ORANGE COUNTY FIRE AUTHORITY, Defendant and Respondent.

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

Review Denied October 16, 2002.

Attorney(s) appearing for the Case

Lemaire, Faunce, Pingel & Singer, Steven R. Pingel, Edward L. Faunce, Seal Beach, and Larry J. Roberts, for Plaintiff and Appellant.

Woodruff, Spradlin & Smart, M. Lois Bobak and Terry C. Andrus, Orange, for Defendant and Respondent.

OPINION

RYLAARSDAM, Acting P.J.

Plaintiff Michael Rodarte sought a writ of mandate directing his employer defendant Orange County Fire Authority (OCFA) to pay his salary retroactively while an application for disability retirement was pending with the Orange County Employee's Retirement System (OCERS). He also sought damages for deprivation of his alleged right to continued compensation without due process of law (42 U.S.C. § 1983) and breach of duty...

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