The State Worker

Chronicling civil-service life for California state workers

July 8, 2009
Tentative ruling in State Fund furlough case issued

A San Francisco Superior Court judge on Wednesday issued a tentative ruling that State Compensation Insurance Fund legal staff should not be furloughed while a case about the legality of forcing them to take an unpaid day off is being appealed.

California Attorneys, Administrative Law Judges and Hearing Officers in State Employment appear to have the upper hand in the battle with attorneys for Gov. Arnold Schwarzenegger going into tomorrow's oral arguments before Judge Peter Busch.

Regular users of this blog are familiar with this case, which is the first furlough lawsuit that Schwarzenegger has lost. If you need to get up to speed, click here.

The tentative ruling is a good sign for the 500 the State Fund workers directly affected by the lawsuit, but CASE attorney Patrick Whalen noted, "We still have the hearing tomorrow. The final ruling could be different."

The wording of the tentative ruling is brief:

THE COURT FINDS PLAINTIFFS HAVE MADE AN ADEQUATE SHOWING OF IRREPARABLE HARM AND LIFTS THE AUTOMATIC STAY OF ITS MANDATORY INJUNCTION RESULTING FROM RESPONDENTS' NOTICE OF APPEAL.

Click here to see the ruling on the San Francisco Superior Court's Web site.

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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 jortiz@sacbee.com.

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