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Court Case Record County of Tulare v. Public Employment Relations Board F071240


County of Tulare v. Public Employment Relations Board Court Case Record

Court Case Number: F071240


 
Case NumberF071240
Case TitleCounty of Tulare v. Public Employment Relations Board
Case TypeCV
StateCalifornia, CA
County
CourtAppellate Court
Court Address5th Appellate District
Phone
Field Date
Close Date7/11/2016

Parties

CounselNameType
Kathleen M. Bales-Lange
County Counsel
2900 W. Burrel St.
Visalia, CA 93291

Erich Wilhelm Shiners
Renne Sloan Holtzman Sakai LLP
555 Capitol Mall, Suite 600
Sacramento, CA 95814

Jennifer Lee Mendoza Flores
Tulare County Counsel
County Civic Center

County of TularePetitioner
Jose Felix DeLaTorre
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95811-4124

Wendi Ross
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95811-4124

Laura Ziegler Davis
Public Employment Relations Board
1031 18th S

Public Employment Relations BoardRespondent
Kerianne Ruth Steele
Weinberg Roger & Rosenfeld
1001 Marina Village Pkwy #200
Alameda, CA 94501-1091

Service Employees International Uion Local 521Real Party in Interest
Corrine Louise Manning
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814

League of California CitiesAmicus curiae for petitioner
Corrine Louise Manning
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814

California Association of CountiesAmicus curiae for petitioner
Docket (Register of Actions)
Date Description Notes
03/30/2015 Petition for writ of review filed (PERB). by County of Tulare
03/30/2015 Exempt filing fee.
03/30/2015 Filed proof of service.
03/30/2015 Letter sent to: PERB-CERTIFIED RECORD DUE IN 10 DAYS.
04/01/2015 Order filed. Petitioner shall file an opening brief in this matter within 35 days from the filing of the certified record from Respondent Board. Respondent Board shall and any real party in interest may, serve and file a brief within 35 days in response to the brief of petitioner. Petitioner's closing brief, if any, shall be filed within 25 days from the filing of respondent's or real party in interest's reply brief, whichever occurs last.
04/01/2015 Filed document entitled: Writ Information Sheet
04/03/2015 Requested - extension of time Certified record from board filed. Requested for 05/11/2015 By 32 Day(s) 1st EOT routed to W&M for review.
04/03/2015 Requested - extension of time Certified record from board filed. Requested for 05/11/2015 By 32 Day(s) 1st EOT to File Certified Administrative Record by Atty Delatorre obo Respondent Public Employment Relations Board.
04/07/2015 Granted - extension of time. Certified record from board filed. Due on 05/11/2015 By 32 Day(s) Good cause appearing, respondent's application for an extension of time filed April 3, 2015, is granted. Time to file the certified administrative record is granted to and including May 11, 2015. (W4)
05/08/2015 Certified record from board filed. 7 volumes/892 pages; included is the Declaration certifying the documents and a POS. Note: Petnr's Opening Brief due w/n 35 days; pursuant to the order of 4/1/15.
06/04/2015 Returned document for non-conformance. Returned the TrueFiling submission Letter and Supplemental Record back to the Public Employment Relations Board. The Letter , Certification and Supplemental Record were not submitted correctly.
06/05/2015 Filed document entitled: Supplemental Administrative Record 1 Vol./2 pgs.
06/05/2015 Filed letter from: from PERB, dated 6/5/15 informing this court that it was discovered that a two page document, titled "Factual Stipulations of the Parties, " had inadvertently been omitted from the Administrative Record.
06/11/2015 Filed document entitled: Supplemental Administrative Record 1 Vol./55 pgs.
06/11/2015 Filed letter from: from PERB, dated 6/5/15 informing this court that the Board's decision to which this case is appealed from, PERB Decision No. 2414-M, was inadvertently omitted from the Administrative Record.
06/12/2015 Returned document for non-conformance. The Opening Brief is being rejected due to the Table of Content page was not bookmarked
06/12/2015 Appellant's opening brief. Petitioner: County of Tulare Attorney: Erich Wilhelm Shiners Petnr's Opening Brief. Respondent Board shall and any Real Party in Interest may, serve and file a brief within 35 days; pursuant to the order of 4/1/15.
06/12/2015 Request for judicial notice filed. Atty Shiners obo Petnr County of Tulare moves for judicial notice of Petnr's County of Tulare?s Personnel Rules (Personnel Rules) Exhibit A. (Sub Folder for W2)
06/12/2015 Exhibits filed in support of: Motion for Judicial Notice by Atty Shiners obo Petnr County of Tulare. (Sub Folder for W2)
07/10/2015 Stipulation of extension of time filed: Respondent's brief. Due on 08/14/2015 By 28 Day(s) Parties stipulate to the following: Respondent Public Employment Relations Board (PERB) brief due 8/14/15 RPI Service Employees International Union, Local 521 (SEIU) brief due 8/14/15 County of Tulare's reply brief due 9/8/15
Disposition
Description: Petition denied on merits by opinion
Date: 07/11/2016
Status: Final The petition for a writ of extraordinary relief from the decision of the Board is denied. Pursuant to Government Code section 3509.5, subdivision (b), however, we modify the Board's decision by deleting from it the section headed: "Prohibiting Retroactive Imposition of Terms Containing Economic Concessions is Consistent with California Judicial Authority Regarding Vested Rights of Public Employees," beginning on page 35 of the decision and ending on page 42. The Union is awarded its costs on appeal. (Cal. Rules of Court, rule 8.493(a)(1)(B).) Hill, Levy, Gomes 44 pgs
Publication Status: Signed Unpublished
Author: Hill, Brad R.
Participants: Gomes, Gene M. (Concur) Levy, Herbert I. (Concur)
Case Citation: none