Epstein
Epstein v. Superior Court
Opinion
Lead Opinion
Rushing, J.
Plaintiffs Jerry B. Epstein, A. Redmond Dorns, and Donald A. Casper brought this action against the Governor, the Acting Director of the Department of General Services (Director), and the Department of General Services (Department), seeking to prevent the Department’s sale and leaseback of 11 state office buildings pursuant to authority granted by the Legislature as a budget-balancing measure. (See Gov. Code, § 14670.13 (section 14670.13).) The trial court refused to preliminarily enjoin the sale, and plaintiffs petitioned this court for an extraordinary writ to compel the trial court to do so. We issued an order to show cause and stayed the sale pending further briefing. While the matter was pending, a new governor took office. When he and the other defendants filed their return, on February 10, 2011, they asserted that he had “terminated” the proposed sale as of February 9, 2011. On that basis they now contend that the present proceeding should be dismissed as moot. Plaintiffs insist that mootness has not been adequately *1408 established, or that if it has, we should nonetheless address the merits. We reject these contentions, and will dismiss the present proceeding…