CONSULTING ENGINEERS & LAND SURVEYORS OF CALIFORNIA v. DEPARTMENT OF TRANSPORTATION

No. C056422.

167 Cal.App.4th 1457 (2008)

CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA et al., Plaintiffs and Respondents, v. DEPARTMENT OF TRANSPORTATION et al., Defendants and Respondents; PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT et al., Interveners and Appellants.

Court of Appeals of California, Third District.

October 30, 2008.


Attorney(s) appearing for the Case

Law Office of Kelley Stimpel Martinez, Kelley Stimpel Martinez; and Gerald James for Interveners and Appellants.

Stoel Rives, James P. Corn, Andrew F. Brimmer and Rachael S. Phillips for Plaintiffs and Respondents.

Bruce A. Behrens, Thomas C. Fellenz, Jose Aquirre and Laurie Epstein-Terris for Defendants and Respondents.


OPINION

SCOTLAND, P. J.

Article VII of California's Constitution (hereafter Article VII) defines "civil service" as the workforce of state government hired and promoted "under a general system based on merit ascertained by competitive examination." (Art. VII, § 1.) It applies to every officer and employee of state government, other than the positions listed in section 4 of Article VII.

Courts have held, with certain exceptions...

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