Opinion

County of Alameda v. Board of Retirement

  • 46 Cal. 3d 902
  • 251 Cal. Rptr. 267
  • 760 P.2d 464
  • 1988 Cal. LEXIS 196
Court
California Supreme Court
Filed
Sep 19, 1988
Status
Published
Author
Mosk
On the bench
Eagleson, Broussard, Mosk
Cited by
21 cases

The opinion

MOSK, J.

I agree with Justice Broussard’s dissent. I write separately only to express my disenchantment with extensive litigation between two agencies of the same governmental entity.

Here we have the County of Alameda, acting through its board of supervisors and county counsel, suing the County of Alameda Board of Retirement. Not only is such an internecine lawsuit unseemly, it has occupied the time and resources of a trial court, an intermediate appellate court, and now this court, not to mention the legal talent involved.

*918 Certainly there must have been a simpler alternative method of settling a dispute between two county departments. At the outset counsel should have taken steps to have the problem resolved without the necessity of lengthy litigation that has now burdened the judicial system for more than five years.

In short, the courts have important issues to decide. They should not be required to resolve a local turf controversy.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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