City of San Diego v. San Diego Police Officers Association

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

Court: California Court of Appeals, Fourth District, First Division

Date published: Jun 8, 2011

No. D056209 (Cal. Ct. App. Jun. 8, 2011)

Opinion

CITY OF SAN DIEGO, Plaintiff, Cross-Defendant and Respondent, v. SAN DIEGO POLICE OFFICERS ASSOCIATION, Defendant, Cross-Complainant and Appellant. D056209 California Court of Appeal, Fourth District, First Division June 8, 2011

NOT TO BE PUBLISHED

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

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

McCONNELL, P. J.

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 Association's 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.