Gottlieb

Appellants, employees of the Department of Water and Power of the City of Los Angeles (DWP), have appealed the superior court’s dismissal of their mandamus action after that court determined that DWP had paid its employees prevailing salaries and wages during the years 1968 to 1972.

This cause has been here before (see Gottlieb v. Department of Water & Power (1976) 63 Cal.App.3d 202 [ 133 Cal.Rptr. 614 ], hg. den.), and we briefly summarize its history. The action is based on asserted violations of section 425 of the Charter of the City of Los Angeles, which declares that salaries and wages of city employees shall in each instance be at least equal to the prevailing salary or wage for the same *509 quality of service rendered to private persons or corporations under similar employment. The initial superior court decision denying relief to appellants was reversed on appeal, the appellate court concluding that the DWP survey of prevailing pay scales had been defective in that it put excessive reliance on salaries and wages paid by private utilities rather than by private employment as a whole, and concluding additionally that the DWP erroneously gave across-the-board pay…