City of Oakland v. Superior Court
By petition for writ of mandate, the City of Oakland (City) challenges an order of the County of Alameda Superior Court specifying a procedure to select an arbitrator to hear and resolve the challenge by former City of Oakland police officers (Officers)[1]to their dismissals.[2] City contends that the order is contrary to the provisions of its Memorandum of Understanding (MOU) with the Oakland Police Officers Association (Union), and that it violates Code of Civil Procedure section 1281.6.[3] Officers respond that (1) the City invited the superior courts intervention by filing a petition seeking broad relief; (2) section 1281.6 authorized the superior court to deviate from the MOU where, as here, the method specified in the MOU could not be followed; and (3) section 1281.6 specified the precise method of arbitrator selection set forth in the superior courts order. Court agree with Officers in part and, accordingly, deny the petition.
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