Theroux v. State of California

Opinion

GATES, J.

Defendants State of California and State Controller Ken Cory appeal from the judgment entered in favor of Mary Theroux, Susan Balliger and Christine Morales contending: “[I.] The exclusion of respondents from Senate Bill 91 [SB 91] does not violate constitutional due process or equal protection provisions. [II.] The State Controller cannot disburse state monies contrary to the legislative purpose of Senate Bill 91, even if unconstitutional.”

Senate Bill No. 91 (now Stats. 1979, ch. 192) awards a lump sum payment to certain classes of state employees including “current employees…