DAVID A. GILB, as Director, etc., et al., Plaintiffs and Respondents,
v.
JOHN CHIANG, as Controller, etc., et al., Defendants and Appellants;
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000, etc., et al., Interveners and Appellants.
Court of Appeals of California, Third District.https://leagle.com/images/logo.png
July 2, 2010.
July 2, 2010.
Attorney(s) appearing for the Case
Kaye Scholer, Steven S. Rosenthal, Marc S. Cohen, Jay W. Waks, Bryant Delgadillo; Richard J. Chivaro, Ronald V. Placet and Shawn D. Silva for Defendants and Appellants.
Law Offices of Brooks Ellison and Patrick J. Whalen for Intervener and Appellant California Attorneys, Administrative Law Judges and Hearing Officers in State Employment.
Paul E. Harris III, Brooke D. Pierman; Olson Hagel & Fishburn, Deborah B. Caplan, N. Eugene Hill and Richard C. Miadich for Interveners and Appellants Service Employees International Union, Yvonne Walker, Pamela Handel, Tamekia Robinson and Kathleen Phillips.
Carroll, Burdick & McDonough, Gary M. Messing, Gregg McLean Adam and Jonathan Yank for Interveners and Appellants California Correctional Peace Officers Association and California Statewide Law Enforcement Association.
Daniel M. Lindsay for Intervener and Appellant California Correctional Peace Officers Association.
Kasey C. Clark for Intervener and Appellant California Statewide Law Enforcement Association.
K. William Curtis, Warren C. Stracener, Linda A. Mayhew and Christopher E. Thomas for Plaintiffs and Respondents.
Court of Appeals of California, Third District.
OPINION
SIMS, J.—
The main issue in this appeal is whether California's Department of Personnel Administration (DPA) has authority to direct the State Controller temporarily to defer paying state employees' salaries (except for federally mandated minimum wages) when appropriations are unavailable due to the state Legislature's failure to enact a timely state budget. (Gov. Code, § 12440.)1 Although DPA...
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