Larez v. Shannon , 2 Cal. 3d 813 ( 1970 )

MOSK, J.—I

concur in the conclusion that the two-thirds majority requirement violates the equal protection clause of the Fourteenth Amendment to the United States Constitution, but I dissent from the denial of relief to these plaintiffs, for the reasons discussed in my concurring and dissenting opinion in Westbrook v. Mihaly, ante, p. 765 [87 Cal.Rptr. 839, 471 P.2d 487].

This case, as indicated by the majority opinion, presents the same legal attributes of Westbrook and the other cases in the series. It differs, however, in one significant respect: this is not an original petition for an extraordinary writ; it is a direct appeal from a trial court judgment. Here the trial court, relying upon the Fourteenth Amendment to the Constitution, ordered a peremptory writ of mandate to issue and commanded the defendants to certify that the school bonds were approved and ready for sale.

With a singular approach, the majority adopt the precise constitutional interpretation of the learned trial judge, agree with him fully—and reverse his judgment! The only solace to me is that mine is not the responsibility of attempting to explain this incomprehensible result to the lay members of the Yuba City Unified School District community.

I would affirm the judgment. Mr. Justice Peters has authorized me to say he would also affirm the judgment.