Filed 11/17/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE CYNTHIA CERLETTI et al., B306122 Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. 20STCV16321) v. GAVIN NEWSOM, as Governor, etc., et al., Defendants and Respondents. APPEAL from orders of the Superior Court of Los Angeles County, Samantha P. Jessner, Judge. Dismissed. Judicial Watch Inc. and Robert Patrick Sticht for Plaintiffs and Appellants. Rob Bonta, Attorney General, Thomas S. Paterson, Assistant Attorney General, Paul Stein and Anna Ferrari Deputy Attorneys General, for Defendants and Respondents. __________________________ Plaintiffs appeal from the trial court’s denial of a temporary restraining order to stay government spending in connection with a particular one-time benefit program. The spending has already occurred, and there is no indication it will be reauthorized. We therefore dismiss the appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND Plaintiffs Cynthia Cerletti and Howard A. Myers brought this taxpayer action to declare as illegal, and permanently enjoin, spending under the Disaster Relief for Immigrants Project. 1. The Challenged Project On March 4, 2020, Governor Gavin Newsom declared a state of emergency due to the worldwide spread of COVID-19. On March 16, 2020, the California Legislature enacted an emergency amendment to the Budget Act of 2019, appropriating $500 million, and authorizing additional disbursements not to exceed $1 billion in total, for any purpose related to the state of emergency upon order of the Director of Finance. (Stats. 2020, ch. 2.) Funds could not be expended prior to 72 hours after the Director of Finance notified the Joint Legislative Budget Committee in writing of the purpose of the planned expenditure. (Ibid.) In other words, the Legislature allowed for expenditure on emergency projects on the approval of the Director of Finance, with notice to the Legislature, but without requiring statutory approval of each individual project. On April 15, 2020, Governor Newsom announced the Disaster Relief Assistance for Immigrants Project (the Project). which established a $75 million Disaster Relief Fund to “support undocumented Californians impacted by COVID-19 who are ineligible for unemployment insurance and disaster relief, 2 including the CARES Act,[1] due to their immigration status.” The Governor’s press release explained: “Approximately 150,000 undocumented adult Californians will receive a one-time cash benefit of $500 per adult with a cap of $1,000 per household to deal with specific needs arising from the COVID-19 pandemic. Individuals can apply for support beginning next month. [¶] The state’s Disaster Relief Fund will be dispersed through a community-based model of regional nonprofits with expertise and experience serving undocumented communities.” This was to be funded both by reappropriating some funds already allocated for assistance to immigrants and by an additional appropriation under the emergency amendment to the Budget Act. As to the latter, the Director of Finance notified the Joint Legislative Budget Committee of the planned expenditure, and the Joint Legislative Budget Committee concurred with it. We need not discuss the funding sources in detail; what is relevant for an understanding of the case …
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