BROWN v. SUPERIOR COURT

No. A127292.

199 Cal.App.4th 971 (2011)

EDMUND G. BROWN, JR., as Governor, etc., et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Two.

October 3, 2011.


Attorney(s) appearing for the Case

Kronick, Moskovitz, Tiedemann & Girard, David W. Tyra , Kristianne T. Seargeant , Meredith H. Packer ; K. William Curtis , Will M. Yamada and Joan A. Markoff for Petitioners.

No appearance for Respondent.

Carroll, Burdick & McDonough, Greg McLean Adam , Jonathan Yank , Gonzalo C. Martinez ; and Daniel M. Lindsay for Real Party in Interest California Correctional Peace Officers Association.

Edmund G. Brown, Jr. , Attorney General, Jonathan K. Renner , Assistant Attorney General, Zackery P. Morazzini and Ross C. Moody , Deputy Attorneys General, for Real Party in Interest John Chiang, as State Controller.

Altshuler Berzon , Stacey M. Leyton , Barbara J. Chisholm , Peder Thoreen ; and Gerald James for Professional Engineers in California Government and California Association of Professional Scientists as Amici Curiae on behalf of Real Party in Interest California Correctional Peace Officers Association.


OPINION

RICHMAN, J.

This petition for a writ of mandate seeks to overturn an order by the Superior Court of Alameda County that would virtually nullify the three-day-per-month furlough program as it is applied to facilities manned by employees represented by the California Correctional Peace Officers Association (CCPOA). The trial court determined that the furlough program, which was implemented in the wake of two executive orders by...

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