Costa Mesa City Employees' Ass'n v. City of Costa Mesa

Plaintiff Costa Mesa City Employees’ Association (CMCEA) represents workers who are employed by the City of Costa Mesa (the City). In response to the City’s plan to contract out for a variety of City services, CMCEA filed suit against the City and its chief executive officer, Thomas Hatch (collectively defendants) for injunctive and declaratory relief. CMCEA contends the City’s proposed outsourcing plan violates state law as well as the parties’ collective bargaining agreement. Trial on the matter has not been heard, but on July 15, 2011, the trial court granted a preliminary injunction enjoining defendants from contracting with a private entity for any of the services that are performed by CMCEA members or laying off CMCEA members as a result of such contracting. In this appeal, the sole issue is the propriety of the preliminary injunction. Defendants contend it was improvidently granted, but we disagree and affirm the trial court’s ruling.

FACTS

Costa Mesa is a general law city. In 2004, it entered into a collective bargaining agreement with CMCEA regarding the terms of employment for City workers who are represented by CMCEA. The agreement was memorialized in a…