State Personnel Board v. Superior Court

This is a petition by the State Personnel Board, hereinafter referred to as the “board,” to prohibit the respondent superior court from proceeding in the trial of the ease of California State Employees’ Association, hereinafter referred to as the “association,” and George A. Trigueros v. State Personnel Board, now pending before the Superior Court in and for the County of Sacramento (action No. 114410). No return has been filed to the *159 petition by respondent. However, by written stipulation lodged in this court the parties have stipulated that the matter may be submitted for decision and decided on the pleadings, records and briefs herein.

The action is one in mandate to compel the board to set aside a determination to hold an examination for the civil service class entitled “Law Enforcement Coordinator, Division of Forestry,” in the Department of Natural Resources on an open rather than a promotional basis. The association and Trigueros, a civil service employee, are seeking a decision by the respondent superior court that the board had no discretion or authority in law to hold an open examination for the civil service class of law enforcement coordinator under section 18950…