County of Los Angeles v. Commission on State Mandates

Good Law
1995 Cal. App. LEXIS 161·32 Cal. App. 4th 805·38 Cal. Rptr. 2d 304·95 Daily Journal DAR 2488·95 Cal. Daily Op. Serv. 1419
Court of Appeal of CaliforniaFebruary 24, 1995B080938California4,203 words

Opinion

Opinion

Woods, J.

I.

Factual and Procedural Summary

A. Procedural.

On December 22, 1992, appellant filed its first amended verified petition for writ of mandate. In its petition, appellant sought a peremptory writ of mandate compelling respondent Commission on State Mandates (the Commission) to vacate its determination that Penal Code section 987.9 did not constitute a state mandate, for which the state was obligated to reimburse appellant pursuant to article XIII B, section 6, of the California Constitution. The petition also named as real parties in interest, State Controller Gray Davis, the Department of Finance, and Director of Finance Thomas W. Hayes.

Appellant also sought an order from the lower court, determining that section 987.9 constituted a state mandate and compelling respondents to process appellant’s claims.

On or about May 18, 1993, the State of California, Gray Davis, the Department of Finance, and Thomas W. Hayes filed an answer to the first amended verified petition for writ of mandate.

On or about May 19, 1993, the Commission filed its answer to the first amended verified petition for writ of mandate.

On June 30,1993, appellant filed a motion for peremptory writ…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.