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The Associated Press October 8, 2010, 5:07PM ET

Rizzo seeks to have CA lawsuit dismissed

An attorney for disgraced Bell city manager Robert Rizzo wants a judge to dismiss a lawsuit filed by state Attorney General Jerry Brown that claims Rizzo and seven others defrauded taxpayers.

Rizzo's attorney James Spertus on Friday filed a demurrer to Brown's lawsuit that accused the ex-city manager and other current and former Bell officials of awarding themselves exorbitant salaries. Brown wants Rizzo and others to return hundreds of thousands of dollars they were paid to run the small, working-class city.

Spertus argues Brown didn't comply with state law because he failed to first present a claim to Bell city leaders and give them the opportunity to reject it.

Rizzo and seven other current and former city officials face criminal charges accusing them of misappropriating public funds.

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