The State Worker

Chronicling civil-service life for California state workers

April 12, 2010
Appellate court sides with Schwarzenegger

The 1st District Court of Appeal has granted Gov. Arnold Schwarzenegger's petition for writ of supercedeas in Union of American Physicians and Dentists v. Schwarzenegger. The decision means that furloughs continue during the appeal of Alameda Superior Court Judge Frank Roesch's decision to end furloughs for state workers in "special fund" departments named in the lawsuit.

Here's the language from the San Francisco-based court's Web site:

The petition for writ of supersedeas is granted as follows: Pending resolution of the appeal herein, the "Order Granting in Part Motion for Relief from Automatic Stay," filed March 23, 2010, in Union of American Physicians and Dentists v. Schwarzenegger et al., Alameda County Superior Court Number RG-09-456684, is stayed. Unless otherwise ordered, the stay will dissolve upon issuance of the remittitur. *Before: Jones, P.J., Simons, J. and Needham, J.

It's highly likely that the court will make similar rulings in the mirror writs the governor requested while he appeals Roesch's decisions in similar trial court lawsuits won by CASE and SEIU Local 1000.

So how long will it take for the appellate to render a decision on Schwarzenegger's appeal? We have no idea. The courts move at their own pace. And there's still a possibility that the state Supreme Court could decide to intervene in these three furlough cases and four others. Click here for more about that.

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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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