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City of San Diego, California v. Public Employment Relations Board

Paid petition · Supreme Court of California, No. S242034 · judgment August 2, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether California Government Code section 3505, the “meet-and-confer” provision of the California Meyers-Milias-Brown Act [Cal. Gov’t Code section 3500 et seq.], can preempt an elected public official’s First Amendment right to participate in a citizens’ initiative process and express his or her views on a matter of significant public concern—pension reform.

Counsel of record

For petitioner
Michael Travis Phelps
Office the San Diego City Attorney

For respondent
Kenneth H Lounsbery
Lounsbery Ferguson Altona & Peak

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED.
  2. Mar 18 2019
    Petition DENIED.
  3. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  4. Feb 13 2019
    Motion for leave to file amicus brief filed by Pacific Legal Foundation.
  5. Feb 12 2019
    Waiver of right of respondents Catherine A. Boling, T.J. Zane and Stephen B. Williams to respond filed.
  6. Jan 18 2019
    Waiver of right of respondent Real Party in Interest Deputy City Attorney's Association of San Diego to respond filed.
  7. Jan 16 2019
    Waiver of right of respondents American Federation of State, County and Municipal Employees, Local 127 to respond filed.
  8. Jan 15 2019
    Waiver of right of respondent Public Employment Relations Board to respond filed.
  9. Jan 15 2019
    Waiver of right of respondents Real Party In Interest San Diego City Firefighters Local 145, IAFF, AFL-CIO to respond filed.
  10. Jan 15 2019
    Waiver of right of respondent Real Party In Interest San Diego Municipal Employees Association to respond filed.
  11. Jan 08 2019
    Petition for a writ of certiorari filed. (Response due February 13, 2019)