DEPARTMENT OF FINANCE v. COMMISSION ON STATE MANDATES

No. S214855.

1 Cal.5th 749 (2016)

DEPARTMENT OF FINANCE et al., Plaintiffs and Respondents, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; COUNTY OF LOS ANGELES et al., Real Parties in Interest and Appellants.

Supreme Court of California.

August 29, 2016.


Attorney(s) appearing for the Case

Burhenn & Gest, Howard Gest and David W. Burhenn for Real Parties in Interest and Appellants County of Los Angeles, City of Bellflower, City of Carson, City of Commerce, City of Covina, City of Downey and City of Signal Hill.

John F. Krattli and Mark Saladino , County Counsel, and Judith A. Fries , Principal Deputy County Counsel, for Real Party in Interest and Appellant County of Los Angeles.

Meyers, Nave, Riback, Silver & Wilson, Gregory J. Newmark , John D. Bakker ; Morrison & Foerster, Robert L. Falk and Megan B. Jennings for Alameda Countywide Clean Water Program, City/County Association of Governments of San Mateo County and Santa Clara Valley Urban Runoff Pollution Prevention Program as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Somach Simmons & Dunn, Theresa A. Dunham , Nicholas A. Jacobs ; Pamela J. Walls and Gregory P. Priamos , County Counsel (Riverside), Karin Watts-Bazan , Principal Deputy County Counsel, and Aaron C. Gettis , Deputy County Counsel, for California Stormwater Quality Association, Riverside County Flood Control and Water Conservation District and County of Riverside as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Nicholas S. Chrisos , County Counsel (Orange), Ryan M.F. Baron and Ronald T. Magsaysay , Deputy County Counsel, for County of Orange as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Best Best & Krieger, Shawn Hagerty and Rebecca Andrews for County of San Diego and 18 Cities in San Diego County as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Thomas E. Montgomery , County Counsel (San Diego), and Timothy M. Barry , Chief Deputy County Counsel, for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Andrew R. Henderson for Building Industry Legal Defense Foundation as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Best Best & Krieger and J. G. Andre Monette for City of Aliso Viejo, City of Lake Forest and City of Santa Ana as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Michael R.W. Houston , City Attorney (Anaheim), for City of Anaheim as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Richards, Watson & Gershon and Candice K. Lee for City of Brea, City of Buena Park and City of Seal Beach as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Baron J. Bettenhausen for City of Costa Mesa and City of Westminster as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Aleshire & Wynder, Anthony R. Taylor and Wesley A. Miliband for City of Cypress as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Rutan & Tucker and Richard Montevideo for City of Dana Point as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Jennifer McGrath , City Attorney (Huntington Beach), and Michael Vigliotta , Chief Assistant City Attorney, for City of Huntington Beach as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Rutan & Tucker and Jeremy N. Jungreis for City of Irvine, City of San Clemente and City of Yorba Linda as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Woodruff, Spradlin & Smart and M. Lois Bobak for City of Laguna Hills and City of Tustin as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Terry E. Dixon for City of Laguna Niguel as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Mark K. Kitabayashi for City of Mission Viejo as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Aaron C. Harp for City of Newport Beach as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Wayne W. Winthers for City of Orange as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Kamala D. Harris , Attorney General, Douglas J. Woods , Assistant Attorney General, Peter K. Southworth , Kathleen A. Lynch , Tamar Pachter and Nelson R. Richards , Deputy Attorneys General, for Plaintiffs and Respondents.

No appearance for Defendant and Respondent.


OPINION

Under our state Constitution, if the Legislature or a state agency requires a local government to provide a new program or higher level of service, the local government is entitled to reimbursement from the state for the associated costs. (Cal. Const., art. XIII B, § 6, subd. (a).) There are exceptions...

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