METROPOLITAN WATER DIST. v. SUPERIOR COURT

Nos. B148446, B148451.

112 Cal.Rptr.2d 513 (2002)

92 Cal.App.4th 1112

METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Dewayne Cargill et al., Real Parties in Interest. CDI Corporation et al., Petitioners, v. The Superior Court of Los Angeles County, Respondent; Dewayne Cargill et al., Real Parties in Interest.

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

As Modified on Denial of Rehearing November 15, 2001.

Review Granted January 23, 2002.


Attorney(s) appearing for the Case

Horvitz & Levy, Mitchell C. Tilner, Encino, and Jon B. Eisenberg, Oakland; Bergman, Wedner & Dacey, Inc., Gregory M. Bergman, Daphne M. Anneet and Mark W. Waterman, Los Angeles, for Petitioner Metropolitan Water District of Southern California.

Katten Muchin Zavis, Stuart M. Richter, Patricia T. Craigie, Justin M. Goldstein and Donna L. Dutcher, Los Angeles; Freedman & Stone and Marc D. Freedman for Petitioners CDI Corporation, Comforce Technical Services, Inc., H.L. Yoh Company, MD Technical Services Company, Peak Technical Services, Superior Technical Resources, Inc., Superior Staffing Services, Inc., Volt Information Sciences, Inc., Volt Management Corp. and Westaff (USA), Inc.

Musick, Peeler & Garrett, Charles E. Slyngstad, Los Angeles, for County Sanitation District No. 2 of Los Angeles County as Amicus Curiae on behalf of Petitioner.

Jones, Day, Reavis & Pogue, Elwood Lui and Philip E. Cook, Los Angeles; Brown, Winfield & Canzoneri, Inc., Nowland C. Hong, Los Angeles, and Scott H. Campbell, San Francisco, for County of Los Angeles as Amici Curiae for Petitioners.

Myers, Nave, Riback, Silver & Wilson, Arthur A. Hartinger, San Francisco, and Terry Roemer for 104 California Cities, Towns, Counties and Special Districts, and the California State Association of Counties, California Association of Sanitary Agencies, State Water Contractors, California Special Districts Association and Association of California Water Agencies as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Cochran-Bond Connon & Ben-Zvi and Walter Cochran-Bond, Los Angeles; Law Offices of William M. Samoska, Los Angeles, Judy A. Friedman and Richard N. Grey, Encino, for Real Parties in Interest Dewayne Cargill, Anvar Alfi, John Sims, Paul Broussard, Joseph Zadikany, Sun Son, Charlotte Manuel, Steven Minor and Lisa Nelson.

Steptoe & Johnson, Edward Gregory and Sheri T. Cheung, Los Angeles, for Real Party in Interest California Public Employees' Retirement System.

Rothner, Segall & Greenstone, Anthony R. Segall and Julia Harumi Mass, Pasadena, for American Federation for State, County and Municipal Employees Union, Local 1902, AFL-CIO as Amicus Curiae on behalf of Real Parties in Interest.

Bendich, Stobaugh & Strong, David F. Stobaugh, Stephen K. Strong, and Brian J. Waid, Seattle, WA; Krakow & Kaplan and Steven J. Kaplan, Los Angeles; Kalisch, Cotugno & Rust, Lee Cotugno and Mark Kalisch, Beverly Hills, as Amici Curiae on behalf of Real Parties in Interest.


ORTEGA, J.

Since January 1, 1945, the Metropolitan Water District of Southern California (MWD), a public agency, has contracted with the California Public Employees Retirement System (CALPERS) to provide pension, retirement, and other benefits to MWD's employees. Later, MWD sought and obtained new workers. However, these new workers did not become MWD employees. Rather, under contracts between MWD and several private contract service providers (providers), the new...

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