Acosta v. Brown

JUAN ACOSTA et al.,

Plaintiffs and Appellants,

v.

EDMUND G. BROWN, Jr.,

as Governor, etc., et al.,

Defendants and Respondents.

No. A132426

(San Francisco County

Super. Ct. No. CPF-08-508192)

California Courts of Appeal

First Appellate District

Division Two

Filed February 28, 2013

ORDER MODIFYING OPINION

AND DENYING REHEARING

[CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the published opinion filed herein on January 30, 2013, be modified as follows:

1.  On page 3, in the second to last line of the first full paragraph on that page (within the quotation), change ?a? to ?at?, so the phrase reads ?at least 80 percent.?

2. On page 5, the second sentence of the second full paragraph on that page should be modified to read as follows:  ?At the outset, it was projected that the mandated furloughs would result in a 14-perent reduction in the work time available to process appeals, reducing the number of cases CUIAB would be able to resolve by 8,620 cases per month.?

3.  On page 17, in the first line of the first sentence in the second full paragraph on that page, the quotation mark preceding and the brackets around the ?w? in ?when? should be removed.  Likewise, in the third line of the same sentence, the brackets around ?DOL? should be removed.

4.  On page 22, footnote 10, in the second line of the first sentence, delete the words ?but many of the support services the program receives are from non-federally funded state agencies? and substitute ?but not exclusively.  (See Service Employees International Union, Local 1000 v. Brown (2011) 197 Cal.App.4th 252.)?

5. On page 26, the last sentence of the first full paragraph on that page, should be modified to read as follows:  ?Respondents? noncompliance appears to have resulted, at least in part, from inadequate funding and staffing, and the periodic furlough of EDD and CUIAB employees mandated by the Governor in the past, which had consequences that are still be felt.?

6. On page 31, add the following sentence as the final paragraph of the opinion:  ?The parties shall each bear their own costs.

The final modification (No. 6) changes the judgment.

Appellants? petition for rehearing is denied.

Dated:  ______

______Kline, P.J.

Trial Court:

San Francisco Superior Court

Trial Judges:

     Hon. Charlotte Walter Woolard

Hon. Paul H. Alvarado

Attorneys for Plaintiffs/Appellants

Juan Acosta, Lidia Lazo and

Alvaro Lopez:

Neighborhood Legal Services of

Los Angeles County

     Jose O. Tello

     Joshua Stehlik

     David Pallack

     California Rural Legal Assistance, Inc.

     William G. Hoerger

     Cynthia L. Rice

     Elena Dineen

     Juan Carlos Cancino

Attorneys for All Plaintiffs/Appellants:

     Western Center on Law & Poverty

     Richard A. Rothschild

Attorneys for Respondents:

     Kronick, Moskovitz, Tiedemann & Girard

     David W. Tyra