Sacramento County Superior Court Judge Timothy Frawley Wednesday set a hearing to consider the governor's lawsuit to force state Controller John Chiang to cut pay for Sept. 12, which is too late to affect the August payroll, Legal Newsline reported.
Republican Gov. Arnold Schwarzenegger is seeking to pay most state workers the federal minimum wage of $6.55 until he signs a budget.
John Chiang, the Democratic state controller who is responsible for the state payroll, has said he will not follow the order. Chiang has argued that the state has enough cash to pay full salaries through the end of September without a budget agreement, Legal Newsline said.
The Schwarzenegger administration is suing to force the controller to follow the governor's July 31 executive order.
The state constitution requires state lawmakers to approve a budget by June 15, in time for the start of the July 1 fiscal year, but lawmakers are at loggerheads over how to close a $15.2 billion deficit.