Goldbaum

Goldbaum v. Regents of University of California

Good Law
119 Cal. Rptr. 3d 664·191 Cal. App. 4th 703·2011 Cal. App. LEXIS 8
Court of Appeal of CaliforniaJanuary 6, 2011No. D055845California4,848 words

Opinion

Lead Opinion

McConnell, J.

The California Constitution (art. IX, § 9, subd. (a)) grants the Regents of the University of California (the Regents) “ ‘ “broad powers to organize and govern the university and limits the Legislature’s power to regulate either the university or the [R]egents.” ’ ” (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 889 [ 80 Cal.Rptr.3d 690 , 188 P.3d 629 ].) The Regents “function in some ways like an independent sovereign, retaining a degree of control over the terms and scope of its own liability.” (Id. at p. 890.) The Legislature, however, may regulate the Regents’ conduct in limited areas. “[G]eneral police power regulations governing private persons and corporations may be applied to the university,” as well as regulations of “statewide concern not involving internal university affairs.” (San Francisco Labor Council v. Regents of University of California (1980) 26 Cal.3d 785, 789 [ 163 Cal.Rptr. 460 , 608 P.2d 277 ] (San Francisco Labor Council).)

Courts have consistently held the Regents are exempt from statutes regulating the wages and benefits of employees and other workers, including those pertaining to prevailing wages, overtime pay, and…

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