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Steinberg v. Chiang

State Controller may not make independent assessment that California's budget bill was not balanced or withhold legislators’ salaries on that basis.



Cite as

2014 DJDAR 2077

Published

Feb. 21, 2014

Filing Date

Feb. 20, 2014


DARRELL STEINBERG,

DARRELL STEINBERG,

as President pro Tempore, etc., et al.,

Plaintiffs and Respondents,

v.

JOHN CHIANG,

as State Controller, etc.,

Defendant and Appellant.

 

No. C071498

(Super. Ct. No.

34-2012-00117584-CU-MC-GDS)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed February 20, 2014

 

ORDER MODIFYING

OPINION AND

DENYING REHEARING

 

[NO CHANGE IN JUDGMENT]

 

THE COURT:

 

     It is ordered that the opinion filed herein on January 24, 2014 (223 Cal.App.4th 338), be modified as follows:

 

1.  On page 341, in the last sentence of the first paragraph of the opinion, which reads ?At that point,? change the parenthetical ?(or in enrolled legislation)? to ?(or in so-called ?trailer bills?)? and replace existing footnote 1 with the following:

 

1  These are identified as related to the budget in the budget bill.  (Cal. Const., art. IV, § 12, subd. (e)(2); see Harbor v. Deukmejian (1987) 43 Cal.3d 1078, 1098.)

 

2.  On page 346, in the first sentence of the third full paragraph, which begins ?Given that constitutionally no role exists?, change the parenthetical ?(or enrolled revenue bills)? to ?(or trailer bills)?.

 

     There is no change in judgment.

     Appellant?s petition for rehearing is denied. 

 

BY THE COURT:

     BLEASE, Acting P. J.

      BUTZ, J.

MURRAY, J.

 

#220962

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