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Taxation
Income Tax
Constitutional Law

Raul Rodriguez, Crystal Rodriguez v. Board of Trustees of the State of California, Roberta Achtenberg, Charles B. Reed

Published: Jun. 20, 2009 | Result Date: Feb. 18, 2009 | Filing Date: Jan. 1, 1900 |

Case number: BC378528 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Glenn E. Rothner
(Rothner, Segall & Greenstone)


Defendant

Andrea M. Gunn


Facts

In September 2007, the Board of Trustees of California State University approved salary increases for CSU executives, retroactive to July 2007, the start of CSU's fiscal year.

Plaintiffs Raul Rodriguez and Crystal Rodriguez, both former students at CSU and taxpayers, claimed that the retroactive raises constituted extra compensation for services already performed and an illegal gift of public funds.

The defense argued that the salary adjustments were necessary to recruit and retain outstanding employees and were based on past practice.

Damages

The plaintiffs sought the amount of the wage increases to be returned to the state.

Result

The court found in favor of the defense, and awarded the defense its costs.


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