California Court of Appeal

In Department of Personnel Administration's (DPA) action seeking a declaratory relief against State Controller Chiang and the Office of State Controller, arising from DPA's order temporarily deferring paying state employees' salaries when appropriations are unavailable due to the state Legislature's failure to enact a timely state budget, trial court's order issuing the declaratory judgment concluding that DPA acted within its authority is affirmed as: 1) the trial court did not erroneously grant relief in a moot case; 2) DPA has the authority to direct the Controller to defer salary payments in excess of federally-mandated minimum wages when appropriations for the salaries are lacking due to a budget impasse; and 3) the Controller may seek judicial resolution but may not simply disregard the DPA directives.

Appellate Information

• Decided 07/02/2010
• Published 07/02/2010

Judges

• Array

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kaye Scholer, K. William Curtis