Brown

Union of American Physicians v. Brown

Good Law
124 Cal. Rptr. 3d 704·195 Cal. App. 4th 691·2011 Cal. App. LEXIS 587
Court of Appeal of CaliforniaMay 16, 2011No. A127775California6,093 words

Opinion

Lead Opinion

Jones, J.

The Union of American Physicians and Dentists (UAPD) filed a petition for writ of mandate seeking to invalidate the two-day-a-month unpaid furlough program for state employees that was instituted by Governor Arnold Schwarzenegger on December 19, 2008. The trial court granted the petition mling the two-day-a-month furlough program and the subsequently expanded three-day-a-month unpaid furlough program that was put in place by the Governor on July 1, 2009, were invalid because they violated certain statutes. The Governor now appeals contending the trial court interpreted the applicable statutes incorrectly. Applying the principles articulated by our Supreme Court in Professional Engineers in California Government v. Schwarzenegger (2010) 50 Cal.4th 989 [ 116 Cal.Rptr.3d 480 , 239 P.3d 1186 ] (Professional Engineers) we agree and will reverse the trial court’s judgment.

*694 I. Factual and Procedural Background

In Professional Engineers, supra, 50 Cal.4th at pages 1000-1008, our Supreme Court described in detail the economic factors that led to the furlough programs that are at issue in this case. We need not repeat that description here other than to note that in the fall…

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