SUPERIOR COURT OF CALIFORNIA,

COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
DATE: 12/28/2010 TIME: 09:00:00 AM DEPT: 54
JUDICIAL OFFICER PRESIDING: Shelleyanne W L Chang
CLERK: J. Bell
REPORTER/ERM: D. Coughlin CSR# 10418
BAILIFF/COURT ATTENDANT: V. Carroll

CASE NO: 34-2010-00075552-CU-CO-GDS CASE INIT.DATE: 04/14/2010

CASE TITLE: The State of California vs. California Correctional Peace Officers Association
CASE CATEGORY: Civil - Unlimited

EVENT TYPE: Motion - Other - Civil Law and Motion

APPEARANCES
Richard Rahm, counsel, present for Plaintiff(s).
James Spurling, counsel, present for the Plaintiff(s).Greg Adam, counsel, present for the Defendant(s).
Nature of Proceeding: Motion to Compel Arbitration
TENTATIVE RULING
Defendant's petition to compel arbitration and stay proceedings is denied.
This dispute arises out of the alleged failure of defendant to reimburse the plaintiffs for paid leaves of
absence for union members released from work to engage in union activities.
Defendant argues that any disagreements must be arbitrated pursuant to the MOU in effect from July 1,
2001 through July 2, 2006. Plaintiffs' claims are based on alleged violations of the Un Paid Leave
Agreement (UPLA) entered into in November 2007 after the MOU had expired. The UPLA addressed
only paid leaves of absence and it does not contain an arbitration clause. Nor did the UPLA incorporate
other terms of the MOU, and certainly not the arbitration clause. In fact, paragraph 20 of the Agreement
states " Nothing in this agreement is intended nor shall be construed to extend or revive any term of the
parties' expired 2001-2006 MOU. . . ."
Defendants contend that UPL debts incurred while the MOU was in effect are covered by the arbitration
clause. However, plaintiffs are suing for breach of the UPLA, not the MOU, and it is debts incurred after
the UPLA was entered into that are recoverable. The existing agreement between the parties is the
UPLA and no provisions of the MOU have been incorporated into the UPL. (See paragraph 20 noted
above.)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further
notice is required.
COURT RULING
The matter was argued and submitted.

DATE: 12/28/2010 MINUTE ORDER Page 1

DEPT: 54 Calendar No.
CASE TITLE: The State of California vs. California CASE NO: 34-2010-00075552-CU-CO-GDS
Correctional Peace Officers Association

The Court takes this matter under submission.

DATE: 12/28/2010 MINUTE ORDER Page 2

DEPT: 54 Calendar No.