Conference of Referees v. State Personnel Board

In Conference of Referees v. State Personnel Board (1968) 262 Cal.App.2d 131, certain referees sought declaratory relief and a writ of mandate to compel the board to set and adjust their salaries based upon those of superior and municipal court judges. The Court of Appeal affirmed the trial court's denial of such relief, finding no abuse of discretion on the part of the board. (262 Cal.App.2d at p. 144.) That decision was made, however, after a full evidentiary hearing in which the plaintiffs were unable to sustain their contention that the board had abused the broad discretion granted it in setting salaries. Moreover, it is clear from the decision that had an actual abuse of discretion been shown the same result would not have followed. (Ibid.) Although such an abuse of discretion as might justify judicial interference is difficult of proof, difficulty of proof is not a cause for sustaining a demurrer.