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COUNTY OF SAN DIEGO v. COMMISSION ON STATE MANDATES

No. D079742.

91 Cal.App.5th 625 (2023)

COUNTY OF SAN DIEGO, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; DEPARTMENT OF FINANCE et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Fourth District, Division One.

May 16, 2023.

Attorney(s) appearing for the Case

Thomas Deak , County Counsel, Walter de Lorrell III , Deputy County Counsel; Best Best & Krieger, Rebecca Andrews , and Weiland Chiang , for Plaintiff and Appellant.

Juliana F. Gmur , Commission Counsel, and Camille Shelton , Chief Legal Counsel, for Defendant and Respondent.

Rob Bonta , Attorney General, Thomas S. Patterson , Assistant Attorney General, Benjamin M. Glickman , and Seth E. Goldstein , Deputy Attorneys General, for Real Parties in Interest and Respondents.

OPINION

I

INTRODUCTION

Section 6 of Article XIII B of the California Constitution generally requires the state (State) to reimburse local governments when the Legislature imposes a mandate on the local governments to carry out new programs or higher levels of service. Relying on this constitutional...

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