ST. JOHN'S WELL CHILD & FAMILY CENTER v. SCHWARZENEGGER

No. A125750.

182 Cal.App.4th 590 (2010)

ST. JOHN'S WELL CHILD AND FAMILY CENTER et al., Petitioners, v. ARNOLD SCHWARZENEGGER as Governor, etc., et al., Respondents; DARRELL STEINBERG, Individually and as President pro Tempore, etc., et al., Interveners.

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

March 2, 2010.


Attorney(s) appearing for the Case

Kirkland & Ellis, R. Alexander Pilmer and Derek Milosavljevic for Petitioner St. John's Well Child and Family Center.

Neighborhood Legal Services of Los Angeles County, Abby McClelland, Katherine E. Meiss, David Pallack and Barbara Siegel for Petitioners Rosa Navarro and Lionso Guzman.

Disability Rights Advocates, Sydney Wolinsky, Katrina K. Corbit and Anna Levine for Petitioners Californians for Disability Rights, California Foundation for Independent Living Centers, Nevada-Sierra Regional In-Home Support Services Public Authority, Liane Yasumoto, and Judith Smith.

Western Center on Law & Poverty, Richard A. Rothschild and Nu Usaha for Petitioners.

Miguel A. Marquez, Acting County Counsel, Tamara A. Lange, Lead Deputy County Counsel, Juniper Lesnik and Greta S. Hansen, Deputy County Counsel, for County of Santa Clara as Amicus Curiae on behalf of Petitioners.

Rothner, Segall, Greenstone & Leheny, Anthony R. Segall; Altshuler Berzon, Scott A. Kronland and Danielle E. Leonard for SEIU California State Council, United Domestic Workers, and California United Homecare Workers as Amici Curiae on behalf of Petitioners.

O'Melveny & Myers, Robert M. Schwartz, Robert C. Welsh, David A. Lash, Sandeep N. Solanki, Jordan P. Raphael and Robert Silvers for Children Now, Valley Community Clinic, Eisner Pediatric & Family Medical Center, The Saban Free Clinic, YWCA Monterey County, Westside Family Health Center, Community Clinic Association of Los Angeles County, and The Legal Aid Association of California as Amici Curiae on behalf of Petitioners.

Paul, Hastings, Janofsky & Walker, Eve M. Coddon, Cameron W. Fox and Amanda A. Bollinger for Aids Project Los Angeles as Amicus Curiae on behalf of Petitioners.

Reich, Adell & Cvitan, Laurence S. Zakson, William Y. Sheh and Aaron G. Lawrence for Los Angeles County Democratic Central Committee as Amicus Curiae on behalf of Petitioners.

Martin A. Weiss for Riverside County Democratic Central Committee as Amicus Curiae on behalf of Petitioners.

Edmund G. Brown, Jr., Attorney General, Jonathan K. Renner, Assistant Attorney General, Zackery P. Morazzini and Ross C. Moody, Deputy Attorneys General, for Respondents.

Neilsen, Merksamer, Parrinello, Mueller & Naylor, Steven A. Merksamer, Richard D. Martland and Kurt Oneto for George Deukmejian, Pete Wilson, Gray Davis, the California Chamber of Commerce, the California Taxpayers' Association and the California Business Roundtable as Amici Curiae on behalf of Respondents.

Remcho, Johansen & Purcell, Robin B. Johansen, James C. Harrison, Thomas A. Willis, Karen Getman and Margaret R. Prinzing for Interveners.


OPINION

KLINE, P. J.

INTRODUCTION

The current economic downturn affects all Californians, but those suffer most who receive essential health and welfare assistance from agencies dependent upon state tax revenues. The needs of such vulnerable citizens so exceed the state's diminished ability to pay for them that "Sophie's choices" are presented. Government must choose between and among equally needy

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