IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION TWO ST. JOHN'S WELL CHILD AND FAMILY CENTER; ROSA NAVARRO; LIONSO GUZMAN; CALIFORNIA FOUNDATION FOR INDEPENDENT LIVING CENTERS; NEVADA-SIERRA REGIONAL IHSS PUBLIC AUTHORITY; CALIFORNIANS, FOR DISABILITY RIGHTS; LIANE. YASUMOTO; and JUDITH SMITH, Petitioners, ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; and JOHN CHIANG, in his official capacity as California State Controller, Respondents. Case No. A125750 OPPOSITION TO PETITION FOR WRIT OF MANDATE EDMUND G. BROWNJR. Attomey General of California JONATHAN K. RENNER Senior Assistant Attomey General ZACKERY P. MORAZZINI Supervising Deputy Attomey General Ross C. Moopy Deputy Attomey General State Bar No. 142541 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-1376 Fax: (415) 703-1234 E-mail: Ross. Moody@doj.ca.gov Attorneys for Respondents Governor Schwarzenegger and State Controller John ChiangIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION TWO Case ST. JOHIN'S WELL CHILD AND FAMILY Court of Appeal No: 125750 Name: CENTER: et al. v. ARNOLD SCHWARZENEGGER, et al CERTIFICATE OF INTERESTED PARTIES OR ENTITIES OR PERSONS (Cal. Rules of Court, Rule 8.208) Please check the applicable box: X | There are no interested entities or persons to list in this Certificate per Calffornia Rules of Court, rule 8.208(¢). Interested entities or persone are listed below: Full Name of Interested Entity or Party Party Non-Party [Nature of Interest ‘Check One (Explain) foo aoa oo og : a ooo _ t 0 7 ao ‘Tho undersigned certifies that the above listed persons or entities (corporations, other rtnerships, firms or any sociation, but not including government entities or thelr agencies), have elther (I) an ownership ‘of 10 percent or more in the party if an entity; or Il) a financial or other interest In the outcor ling that the justices should consider in determining whether to disqualify themselves, as defined in rule 8.208(e)2) ‘Attorney Submitting Form Party Represented ROSS C. MOODY Attomeys for Respondents Governor's Office and Deputy Attomey General State Controllers Office State Bar No, 142541 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 96102-7004 Telephone: (415) 703-1376 Fax: (418) 703-1234 Esmall: Ross.Moody@dojca.gov eS September 1, 2000 Gignature of Attomey Submiting pO) Date) sazove102086Introductior Facts and Law Relevant to this Petition. L IL. Argument Te Conclusion ... TABLE OF CONTENTS Page The Governor has constitutional authority to control the spending of public money. The need to amend the budget for 2009-2010 and the legislation challenged in this action. The Governor's line-item veto of appropriations contained in AB 1 were within his constitutional authority to “control the expenditures of the state.” A. The seminal cases of Harbor v. Deukmejian and Wood v. Riley both support the conclusion that AB | contains “items of appropriation” subject to line-item veto. B. Petitioners’ argument that the use of the line- item veto is limited to items of appropriation that increase spending is without merit. C. The vetoed items were items of appropriation subject to the line-item veto.... D. The language employed by the legislature in making appropriations cannot shield those appropriations from gubematorial oversight: . pai