Diego v. San Diego Police Officers Assn

Full title: CITY OF SAN DIEGO, Plaintiff, Cross-Defendant and Respondent, v. SAN DIEGO…

Court: COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: May 11, 2011

D056209 (Cal. Ct. App. May. 11, 2011)

Opinion

D056209 Super. Ct. No. 37-2009-00086499-CU-PT-CTL

05-11-2011

CITY OF SAN DIEGO, Plaintiff, Cross-Defendant and Respondent, v. SAN DIEGO POLICE OFFICERS ASSOCIATION, Defendant, Cross-Complainant and Appellant.

McCONNELL, P

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING
THE COURT:

The petition for rehearing is denied.

It is ordered that the opinion filed April 12, 2011, be modified to add the following paragraph after the first full paragraph on page 23 of the opinion:

"The Associations reliance on Glendale City Employees Assn., Inc. v. City of Glendale (1975) 15 Cal.3d 328 is similarly misplaced. The Glendale court held that a collective bargaining agreement, once adopted by the governing body, is a binding and enforceable contract and may be enforced in a mandamus proceeding. (Id. at pp. 334- 338.) However, the court did not state or suggest that a collective bargaining agreement applies beyond the term of the agreement."

There is no change in the judgment.

McCONNELL, P. J. Copies to: All parties