Status of PERB Cases in the Courts of Appeal

Back in November 2019, I did a post listing all the PERB cases being challenged in the courts of appeal. Back then, there were (what I believed to be) a record 17 cases pending in the courts. Most of those cases have now been resolved. With the exception of City and County of San Francisco v PERB (2019) 2019 WL 3296947), all the challenges were rejected by the courts.

However, despite how difficult it is to overturn a PERB decision, the current PERB Board continues to draw challenges. There are now at least 18 cases pending in the courts of appeal. Below, I have provided an update on the cases I listed in my November 2019 post, and below that I have provided a list of the currently pending cases.

Appellate Cases Resolved Since 11/8/19 Post

  1. City & County of San Francisco (2017) PERB Dec. No. 2540-M (Issued on 10/20/17) (Court of Appeal Case No. A152913) (Non-published decision issued on 7/22/19) Writ partially granted on 7/22/19
  2. State of California (Dept. of State Hospitals) (CAPT) (2018) PERB Dec. No.  2568-S (Issued on 6/12/18) (Court of Appeal Case No. F077764) (Non-published decision issued on 6/24/20) Writ denied on 6/24/20
  3. California Virtual Academies (2018) PERB Dec. No. 2584-E (Issued on 9/21/18) (Court of Appeal Case No. B293331) Writ denied on 5/4/20
  4. County of Riverside (2018) PERB Dec. No. 2591-M (Issued on 10/23/18) (Court of Appeal Case No. E071683) (Petition denied on 9/20/19) Writ denied on 11/21/19
  5. County of Ventura (2018) PERB Dec. No. 2600-M (issued on 12/7/18) (Court of Appeal Case No. B294825) (Published decision issued 11/21/19) Writ denied on 11/21/19
  6. Mount San Jacinto Community College District (2018) PERB Dec. No. 2605-E (Issued on 12/12/18) (Court of Appeal Case No. E071956) Writ denied on 3/11/20
  7. Regents of the University of California (Berkeley) (University Council-AFT) (2018) PERB Dec. No. 2610-H (Issued on 12/19/18) (Court of Appeal Case No. A156228) Writ denied 1/23/20
  8. Regents of the University of California (CNA) (2018) PERB Dec. No. 2616-H (Issued on 12/21/18) (Court of Appeal Case No. D075218) Writ denied on 11/15/19
  9. Regents of the University of California (UPTE CWA Local 9119) (2019) PERB Dec. No. 2646-H (Issued on 6/3/19) (Court of Appeal Case No. A157597) (Published decision issued 6/25/20) Writ denied 6/25/20
  10. San Joaquin Regional Transit District and ATU Local 276 (2019) PERB Dec. No. 2650-P (issued on 6/21/19) (San Joaquin County Superior Court Case No. STK-CV-UWM-2019-0012351) Case dismissed on 6/3/20
  11. Claremont Unified School District (2019) PERB Dec. No. 2654-E (Issued on 7/10/19) (Court of Appeal Case No. B299783) Writ denied on 3/18/20
  12. City of Long Beach (2020) PERB Dec. No. 2706-M (Issued on 4/15/20) (Court of Appeal Case No. B305941) Dismissed on 6/26/20

Appellate Cases Pending

  1. State of California (Department of Corrections & Rehabilitation) (2018) PERB Dec. No. 2598-S (Issued on 11/27/18) (Court of Appeal Case No. C088562) Writ of review issued 9/13/19; Pending
  2. Oroville Union High School District (2019) PERB Dec. No. 2627-E (Issued on 2/22/19) (Court of Appeal Case No. C089108) Writ of review issued 11/1/19; Pending
  3. Contra Costa County Fire Protection District (2019) PERB Dec. No. 2632-M (Issued on 3/7/19) (Court of Appeal Case No. A156897) Fully briefed; Pending
  4. County of Kern & Kern County Hospital Authority (2019) PERB Dec. No. 2659-M (Issued on 8/6/19) (Court of Appeal Case No. F079908) Writ of review issued 4/29/20; Pending
  5. State of California (Office of the Inspector General) (2019) PERB Dec. No. 2660-S (Issued on 8/15/19) (Court of Appeal Case No. C090346) Pending
  6. County of Santa Clara (2019) PERB Dec. No. 2670-M (Issued on 9/20/19) (Court of Appeal Case No. H047434) Pending
  7. Salinas Valley Memorial Hospital District (2020) PERB Dec. No. 2689-M (Issued on 1/13/20)(Court of Appeal Case No. H047857) Pending
  8. City & County of San Francisco (2020) PERB Dec. No. 2691-M (Issued on 1/17/20)(Court of Appeal Case No. A159596) Pending
  9. City of Santa Monica (2020) PERB Dec. No. 2635-Ma (Issued on 1/22/20)(Court of Appeal Case No. B304299) Pending
  10. City of South Pasadena (2020) PERB Dec. No. 2692-M (Issued on 1/30/20)(Court of Appeal Case No. B304596) Pending
  11. City of Glendale (2020) PERB Dec. No. 2694-M (Issued on 2/3/20)(Court of Appeal Case No. B304702) Pending
  12. Region 2 Court Interpreter Employment Relations Committee (2020) PERB Dec. No. 2701-I (Issued on 3/16/20) (Court of Appeal Case No. A159985) Pending
  13. Regents of the University of California (2020) PERB Dec. No. 2704-H (Issued on 4/14/20) (Court of Appeal Case No. B305934) Pending
  14. Berkeley Unified School District (2020) PERB Dec. no. 2710-E (Issued on 4/17/20) (Court of Appeal Case No. A1601159) Pending
  15. Alliance College Ready Public Schools (2020) PERB Dec. No. 2716-E (Issued on 5/18/20) (Court of Appeal Case No. B306330) Pending
  16. Alliance College Ready Public Schools (2020) PERB Dec. No. 2717-E (Issued on 5/18/20)  (Court of Appeal Case No. B306332) Pending
  17. Berkeley Federation of Teachers Local 1078 (2020) PERB Dec. No. 2720-E (Issued on 5/20/20) (Court of Appeal Case No. A160211) Pending
  18. Lodi Unified School District (2020) (PERB Dec. No. 2723-E (Issued on 5/26/20) (Court of Appeal Case No. C092106) Pending
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