The State Worker

Chronicling civil-service life for California state workers

April 8, 2009
Read Schwarzenegger team's argument in CASE / SCIF lawsuit

Attorneys representing Gov. Arnold Schwarzenegger's administration have filed briefs in San Francisco Superior Court in a bid to get a pending furlough lawsuit thrown out.

scales_2.jpgAs we previously reported, California Attorneys, Administrative Law Judges and Hearing Officers in State Employment and SCIF employees Glen Grossman, Mark Henderson and Geoffrey Sims contend that Schwarzenegger's furlough order shouldn't include workers at the quasi-public agency.

Whether Judge Peter Busch will hear the case rests on which side wins the "exclusive concurrent jurisdiction" argument. California law says that when two superior courts have jurisdiction over a matter and the parties are the same, that the first court to assume jurisdiction has "dibbs" on subsequent related matters.

Schwarzenegger's attorneys argue that exclusive concurrent jurisdiction applies here because Sacramento Superior Court has already heard other furlough lawsuits. CASE will argue in a reply brief, due Thursday, why the case is different and should be heard in San Francisco.

Bush has scheduled oral arguments for April 15.

Here are the latest San Francisco Superior Court filings from Schwarzenegger's side:

Click here for the administration's main brief.

This link opens to a filing of out-of-state cases that support Schwarzenegger's position.

And Schwarzenegger attorney David Tyra gives his account of furlough litigation handled by Sacramento Superior Court Judge Patrick Marlette. Read that document by clicking here.


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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at


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