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SAN DIEGO SCHOOL v. COM'N ON STATE MANDATES

No. D038027.

122 Cal.Rptr.2d 614 (2002)

99 Cal.App.4th 1270

SAN DIEGO UNIFIED SCHOOL DISTRICT, Plaintiff and Respondent, v. COMMISSION ON STATE MANDATES, Defendant and Appellant; California Department of Finance, Real Party in Interest and Appellant.

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

Review Granted October 2, 2002.

Attorney(s) appearing for the Case

Paul M. Starkey, Camille Shelton, Sacramento, and Katherine Tokarski, for Defendant and Appellant.

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Assistant Attorney General, Louis R. Mauro, Supervising Deputy Attorney General, and Susan R. Oie, Deputy Attorney General, for Real Party in Interest and Appellant.

Jo Anne Sawyerkoll and Jose A. Gonzales, for Plaintiff and Respondent.

NARES, Acting P.J.

Section 6 of article XIII B of the California Constitution (hereafter section 6) provides, with certain exceptions, that "[w]henever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall provide a subvention of funds to reimburse such local government for the costs of such program or increased level of service...." (Italics added.) We are called upon here to determine...

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