GILB v. CHIANG

No. C061947.

186 Cal.App.4th 444 (2010)

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.

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.


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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases