SAN DIEGO SCHOOL DIST. v. COM. ON MANDATES

No. S109125.

16 Cal.Rptr.3d 466 (2004)

94 P.3d 589

33 Cal.4th 859

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.

Supreme Court of California.

August 2, 2004.


Attorney(s) appearing for the Case

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

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Pamela Smith-Steward, Chief Assistant Attorney General, Andrea Lynn Hoch, Assistant Attorney General, Louis R. Mauro and Susan R. Oie, Deputy Attorneys General, for Real Party in Interest and Appellant.

Jo Anne Sawyerknoll, Sacramento, Tad Seth Parzen, Jose A. Gonzales and Arthur M. Palkowitz, San Diego, for Plaintiff and Respondent.

Lozano Smith, Diana McDonough, San Rafael, Harold M. Freiman, San Ramon, Jan E. Tomsky, San Rafael, and Gregory A. Floyd, Fresno, for California School Boards Association Education Legal Alliance as Amicus Curiae on behalf of Plaintiff and Respondent.

Steven M. Woodside, County Counsel (Sonoma) as Amicus Curiae on behalf of Plaintiff and Respondent.


GEORGE, C.J.

Article XIII B, section 6, of the California Constitution provides: "Whenever 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...."1 (Hereafter article XIII B, section 6.)

Plaintiff San Diego Unified School District...

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