Gottlieb

Gottlieb v. Department of Water & Power

Good Law
133 Cal. Rptr. 614·1976 Cal. App. LEXIS 2002·63 Cal. App. 3d 202
Court of Appeal of CaliforniaOctober 28, 1976Civ. 46123California2,259 words

Opinion

Opinion

Cobey, J.

These are cross-appeals in a mandamus proceeding, which was brought on behalf of all of the employees of the Department of Water and Power of the City of Los Angeles (hereafter DWP) by petitioners and appellants, Bernard C. Gottlieb, et al. DWP and its board of commissioners have cross-appealed.

The judgment under appeal and cross-appeal denied all relief to petitioners, but expressly decreed that various specified claim requirements of the Charter of the City of Los Angeles (§§ 363, 376, 376.1) were inapplicable to the proceeding. The DWP, by its cross-appeal, challenges the validity of this provision of the judgment and also contends that the nonobserved claims requirements of the California Tort Claims Act (Gov. Code, § 810 et seq.) also barred the proceeding. We will consider the cross-appeal first.

The Cross-appeal

This is a special proceeding in mandamus brought to determine whether the DWP during the fiscal years 1968-1969, 1969-1970, 1970-1971 and 1971-1972 determined and provided to its employees prevailing wages as required by section 425 of the city charter. (See Sanders v. City of Los Angeles, 3 Cal.3d 252, 262 [ 90 Cal.Rptr. 169 , 475 P.2d 201 ].) Mandamus…

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