City of San Diego v. San Diego Police Officers Assn





Filed 5/11/11 City of San Diego v. San Diego Police Officers Assn. CA4/1
Received for posting 6/8/11





NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

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

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



McCONNELL, P. J.

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