Auerbach

Auerbach v. Board of Supervisors

Good Law
1999 Cal. App. LEXIS 458·71 Cal. App. 4th 1427·84 Cal. Rptr. 2d 592·99 Daily Journal DAR 4393·99 Cal. Daily Op. Serv. 3427
Court of Appeal of CaliforniaMay 10, 1999No. B108502California5,271 words

Opinion

Lead Opinion

Perez, J.

Plaintiffs and appellants Stanley G. Auerbach, Norbert Bactowski, and Eloy Fierro (collectively appellants) appeal from the judgment entered against them and in favor of defendants and respondents the County of Los Angeles (the County), the Board of Supervisors of Los *1431 Angeles County, and Supervisors Michael D. Antonovich, Yvonne Brath-waite Burke, Deane Dana, Gloria Molina, and Zev Yaroslavsky, 1 after a court trial on appellants’ complaint for injunctive relief, damages and attorney’s fees arising out of respondents’ practice of transferring money from various funds maintained by the County (the Funds) to the County’s general fund (the General Fund) to cover cash flow deficits in the general fund. Appellants contend respondents had no statutory or common law authority to make such transfers, the trial court erred in failing to apply the general law of trusts to the question, the challenged transfers violated terms of certain bond issues and violated article XVI, section 6 of the California Constitution. Alternatively, appellants contend that, if the transfers were lawful, the Funds from which the money was transferred were entitled to interest on those sums. After…

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