Coachella Valley Mosquito etc. Dist. v. CalPERB 12/9/03 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E031527

Case Date: 12/09/2003

Preview:Filed 12/9/03

CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT, E031527 Plaintiff and Appellant, (Super.Ct.No. INC 26814) v. OPINION CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD, Defendant and Respondent; CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION et al., Real Parties in Interest and Respondents.

APPEAL from the Superior Court of Riverside County. Charles Everett Stafford, Jr., Judge. Affirmed. Lisa Garvin Copeland for Plaintiff and Appellant.

Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of parts A and B of the Discussion.

1

Jack L. White, City Attorney, and Carol J. Flynn, Assistant City Attorney, for the Cities of Anaheim, Carlsbad, Indian Wells, Monterey, Redlands, San Buenaventura, San Luis Obispo, San Pablo, Santa Paula, and Walnut Creek, the California Association of Sanitation Agencies, the Orange County Vector Control District, and the Sunline Transit Agency as Amici Curiae on behalf of Plaintiff and Appellant. Ben Allamano for Mosquito & Vector Control Assn. of Calif. as Amicus Curiae on behalf of Plaintiff and Appellant. Robert Thompson and Kristin L. Rosi for Defendant and Respondent. Michael R. Clancy and Sonja Woodward for Real Party in Interest and Respondent California School Employees Association. No appearances for Real Parties in Interest and Respondents Ramon C. Gonzalez, Mike Martinez, Jeffrey Garcia, and Virginia Sanchez. INTRODUCTION The Coachella Valley Mosquito and Vector Control District (District) appeals from a judgment denying its petition for a writ of prohibition or mandate directing the Public Employment Relations Board (PERB) to dismiss a complaint the PERB issued on behalf of the California School Employees Association (CSEA) and against the District for unfair practices in violation of the Myers-Milias-Brown Act (MMBA). (Gov. Code,

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