Facts

Robert Mallano, a retired Justice of the California Court of Appeal, brought a class action complaint for declaratory relief seeking a declaration relating to judicial salaries and benefits for fiscal years 2008-2009 through 2014-2015.

PLAINTIFF'S CONTENTIONS:
Mallano contended that despite a mandatory provision in the California Government Code (Section 68203), governing judicial salary increases, the state refused to pay constitutionally and statutorily mandated judicial salaries and benefits. Plaintiff sought a declaration of what the correct judicial salaries were during each year of underpayment.

DEFENDANTS' CONTENTIONS:
Defendants denied the material allegations of the complaint and asserted various affirmative defenses.

Result

The court concluded that plaintiff met his burden of proof to establish entitlement to declaratory relief regarding the appropriate increases in judicial salaries and benefits. The court also found that defendants failed to pay mandated salaries to judges, justices and judicial retirees since fiscal year 2008-2009. Therefore, Mallano and the class were entitled to unpaid salaries, benefits, and interest at 10 percent per annum on the unpaid salaries and benefits. The court also found Mallano was entitled to attorney fees.

Other Information

FILING DATE: Jan. 21, 2014.