California State Police Assn. v. STATE OF CALIF.

Plaintiffs California State Police Association et al., appeal from a judgment of dismissal entered in favor of defendants State of California and the California State Personnel Board, after the trial court sustained a demurrer without leave to amend to their complaint for declaratory relief and petition for writ of mandate. The trial court sustained the demurrer on the ground that no cause of action was stated in the complaint and petition, and denied leave to amend on the ground that no cause of action could be stated.

The effect of the trial court’s decision was to confer absolute discretion upon the State Personnel Board in the matter of establishing and adjusting civil service salaries under Government Code section 18850. While the discretion granted the board is broad, it is not absolute. Accordingly, we conclude that the demurrer was improperly sustained and reverse the judgment of dismissal.

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Government Code section 18850, subdivision (a), provides “The board shall establish and adjust salary ranges for each class of position in the state civil service. The salary range shall be based on the principle that like salaries shall be paid for comparable duties and…