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REGENTS OF UNIVERSITY OF CAL. v. BENFORD

No. G034108.

27 Cal.Rptr.3d 441 (2005)

128 Cal.App.4th 867

The REGENTS OF the UNIVERSITY OF CALIFORNIA et al., Plaintiffs and Respondents, v. Mark G. BENFORD, as Executor and Personal Representative, etc., et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division 3.

As Modified April 25, 2005.

Attorney(s) appearing for the Case

Aprahamian & Aprahamian and Michael T. Aprahamian, Costa Mesa, for Defendants and Appellants.

O'Melveny & Myers, Linda J. Smith, Wayne S. Jacobsen, Brent J. North and Warren F. Fox, Newport Beach, for Plaintiffs and Respondents.

Peter H. Mison, General Counsel, Carol A. McConnell, Deputy General Counsel, and Richard B. Maness for California Public Employees' Retirement System, as Amicus Curiae on behalf of Plaintiffs and Respondents.

Christopher W. Waddell for California State Teachers' Retirement System, as Amicus Curiae of behalf of Plaintiffs and Respondents.

OPINION

ARONSON, J.

The Regents of the University of California (Regents) and various pension plans administered by them filed a complaint seeking a declaration that certain antialienation provisions in these pension plans prohibit a nonemployee spouse who predeceases the working spouse from bequeathing his or her community property interest in the plans. The trial court entered summary judgment against defendants, the executor of decedent's estate and decedent...

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